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Tract 4 -The NW 1/4 of Section 20, Township 9 North, Range 12 West of the 6th P.M., 200203523 <br />Hall County, Nebraska. <br />It Is underst ood and agreed between Trustorls) and Beneficiary that this T rust Deed is given to secure the repayment in full of the following described at <br />promissory notelsl. and all future and additional loans or advances, protective or othse, interest the eon, ads ll by Beneficiary, at to Nip terms <br />the of, and to or for the account of Troetorlsl, or any V purpose, p <br />of the mme(sl or other instruments) modifying the same. <br />Date of Note Pr Amount <br />�a266£ <br />azu <br />0611411990 125,000.00 <br />06/1411990 237,000.00 <br />This Trust Dead will bo 6111 March 01 2022. <br />Trustorls) hereby warrants that Trustorlsl holds foe simple title to the above described property, that Treaters) has good and lawful authority to <br />deed and encumber did same, that the properly Is free and clear of all liens and encumbrances, except encumbrances of record, and that Trustorls) <br />warrant and defend the property, at Trustorls)] .P pems too moat -11 claimants <br />the above described ntrad prop usttees) also hereby Ives and relinquishes all <br />Ihins of dower, homestead, dlstdbutive share, an p <br />This trust deed secures more than one note. In the event of default under any note, all notes will be considered to be in default and the Beneficiary <br />may exercise the remedies provided herein in satisfaction of all notes. <br />Trusters) and each of them further covenants and agrees with Beneficiary as follows: <br />1. To pay all liens, judgments. or other assessments against the Property, and to pay when due all assessments, taxes, rents, fees, or charges upon <br />the property or under any lease. permit, license, or privilege assigned to and as additional security to this Trust Deed, including those In or <br />on public domain <br />1 c insure and keep Insured buildinge and other improvements Including fixtures and attachments now on or hereafter placed on the property to <br />the satisfaction of Beneficiary. Such insurance will be approved by and deposited with Beneficiary, and endorsed with loss payable clause to <br />Beneficiary. Any sums so received by Beneficiary may be used to pay for reconstruction of the destroyed improvements or it not so applied may <br />be applied, at the option of Beneficiary, in payment of any Indebtedness matured or unmatured secured by this Trust Dead. Such insurance will be <br />ant at least equal to the lesser of the loan balance, the actual cash value of the collateral, or the replacement cost of the property, and <br />wI, at a minimum, cover losses caused by fire, lightning, explosion, riot, aircraft, vehicles, vandalism, civil commotion, smoke, wlndsleme, and hall. <br />Trustorlsl will obtain and keep flood In-ursed. in force to cover losses by flood as required by Beneficiary and by the National Flood Insurance Act <br />of 1 Sea, a amended, and by regulations implementing the same. Trustorsl further agree that Beneficiary Is not and will not be liable for an y failu <br />s re <br />by Trusterls) or by any Insurer, for whatever reason, to obtain and keep this Insurance in force. <br />3. To keep all buildings, fixtures, attachments, and other improvements now on or hereafter placed an the property occupied and in good r.paiq <br />maintenance, and co i,firl and to neither commit nor permit any acts of waste or any impairment of the value of the property. Beneficiary may <br />enter upon the property to Inspect the same or to perform any, eats aonerniod Fannie or In the loan agreements). <br />a essmenls, taxes, rents, fees, or charges or maintain any Insurance an the property. <br />_. _.__. ,.. ....,.n n =.I=.� �_., ��., ante iimnmems. a <br />bo ildings, fixtures. attachrnents,oNmprevements as Provieeo nerninw m nn�,ua��=uvo,,, =�,.r„•..... • - °p ��- pa --. - -- . <br />or provide ins'uranc maintenance, or repairs and any am ants paid thumfor will become pert of lho ci intlebtatlness secured hereby, be <br />mmediately due and payable and bear Interest at the default rete provided In the notelsl from the data of payment until paid. The advancement by <br />IBaneficiary of any such amounts will in no manner limit the right of Beneficiary to declare Trustorls) in default or exercise any of Beneficiary's other <br />'ghts and remedies. ludic any action b Beneficiary to <br />6. In the event eenelidary is a party to any Gtigution affecting the property or the lien of this Trust a Deed, including V Y <br />enforce this Trust Deod or any s ¢ in which Bembclary Is named a tlefeees (t lithe extent condemnation and bankruptcy ses, apt rats Beneficiary <br />may Incur expenses and advance payments for obe[raet fees, attorneys fens Ire the extent weer tl by law), costs, expenses, appraisal fees, and <br />other charges and any amounts so advanced will berome par[ of the principal indebtedness secured hereby, be immediately out and payable and <br />be interest at the default rate provided in the notelsl loom the date of advance until paid. and Beneficiar is <br />6. Any awards lade to Trustorlsl or their successors by the exercise of eminent domain are hereby assigned to Beneficiary; Y <br />hereby authdnzcJ to collect and eDPly the same in Payment of any concordat, mature or unmounted, secured by this Trust Deed. <br />]. In the event of default In the payment when due of any sums secured hereby (principal, interest, advancements, or protective advances), or failure <br />to perform or observe any covenants and conditions cnntainetl herein, mthe hi loan agreernontls), or any other Instruments, or any proceedings <br />is brougM1[ antler any Bankruptcy laws, eeneticiary, at its option, may declare the entire indebtedness secured hereby to be immediately due and <br />P& yable end the whole will bear interest at the default ate as vvrovitletl in the noted,) and Beneficiary may Immediate) eu[horlze Trustee to exercise <br />the Power of Sele yranted healn In the manner provided In th Nebraska Trust Deeds Act, or, at the option of the ©stationary, may foreclose the <br />True, Deed in the manner provided by law for the fordo Insure of mot?ages on real property, Including the apintment of a Receiver upon ex party <br />p (cation, notice being hereby expressly waived, without eager d to the value of the property or the sufficiently thereof to discharge the <br />indebtedness secured hereby or in the loan agreementls). Delay by Beneficiary in exercising its rights upon default will not be construed as a waiver <br />thereof and any act of Beneficiary waHinpp any specified default will net be construed as a waiver of any future default. If the proceeds under such <br />sale or foreclosure are insufficient to pay the total Indebtedness secured hereby, Trustorlsl do hereby agree to be personally bound to pay the unpaid <br />balance, and Beneficiary will be entitled to a deficiency lodgment. and deliver ro <br />S. Should Bensfvery elect to exercise the Power of Sale granted herein, Beneficiary will notify Trustee who will record, publish, <br />Trouble) such Nonce of Default and Notice of Sale as then required by law and will in the manner provided by law, sell the property et the time <br />and plec, of sale fixed In the Notice of Sale, either as a whole or In separate lots, parcels, or gems and In such order as Trustee will deem expedient. <br />Any person may bid at the sale including Trustorlsl, Trustee, or Beneffioiary. <br />9. Trusturlsl hereby requests a copy of any Notice of Default or Notice of Sale hereunder to be mailed by certified mail to Theoretic) at the <br />eddresslcsl et forth herein. <br />10. UV0 default, Be neflcIary, either in person or by agent, with or without bringing y action i proceeding and with or without regard to the value <br />of the Property or the arun cieheey thereof m dcscharge the intlebtatlness secured hereby, n aany more and entitled to enter upon and take possession <br />of the property in Its own tam or In the name of the Trustee and do any acts or expend any sums it deems necessary or desirable to protect or <br />preserve the value of the property or any InieresY therein, d se the income therefrom; and with or without taking possession of the property <br />Is authorized to sue for or otherwise collect the rents, Issues, crops, rprofit., and income thereof, Including those pact due and unpaid, and apply <br />[he same upon any indebtedness aecuretl hereby or in the loan ago trots). <br />No ercicdy herein 'od.irad upon or rose red ro Trustee or Benra'iclary is Intended to be exclusive of any other remedy herein or by law provided <br />or permitted, but each will be cumulative will be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity <br />y ,tat Gte. and immay ba axe rc'ISad COIIGUrIUrllly, ledependently G! sUCcesibehly. <br />11. Truan. rl al acknowledges that the duties and obligations of Tmarea will be determined solely by the express provisions of this Trust Deed or <br />the Nebrea ka Trust Dceda Act and Trustee will not he liable except for the performance of such debts and obligations as are specifically set forth <br />therein, and no Implied covenants dr obligations will be imposed upon Trustee; Trustee will nut be liable for any action by rt m good faith and <br />a.. nabs, believed by It to be authorized or within the discretion or rights of powers contarred upon it by this Trust Deed or state law. <br />12. The In,as, and re she <br />nsibility of Trusturlsl r, ns<itu[es a par[ of the consideration for the obligations secured hereby. Should Trustorls) sell, <br />transfer, or convey the property described hereiry without Prior written consent of Beneficiary. Beneficiary, at its option, may declare the entire <br />inde"ar nar,, Immediately due and payable and nay proceed in the enforcement of its rights on any other default. <br />1fe Assignment n Rents including Proceeds of Minerel Lee,es. T rosters) hereby assigns, transfers, and conveys to Beneficiary all rents, royalties, <br />bonuses', and rM move or other o mceeds that may from time to time become due and payable under any real estate lipase or under any oil, gas, <br />gravel, rock, o other re oral lease f any kind Including geothermal resources now existing or that may hereafter come into existence, covering <br />the property or any part thereof. All such sums so received by Beneficiary will be applied to the indebtedness secured hereby; or Beneficiary, t <br />its option, nay turn over and deliver to Trearntial or their successors in interest, any or all of such sums without prejudice to any of Beneficiary's <br />rights to take and retain future sums, and vu hoot Prejudice to any of its other rights under this Trust Deed. This assignment will be construed to <br />be a provision for the payment or reduction of the debt, subject to the Beneficiary's option as handicrafter, provided, independent of the Ilen on the <br />property. Upon payment In full of the debt and toe recono. ari of this Trust Dead of record, this assignment will become inoperative and of no <br />further force and effect. <br />14. This Trust Deetl ocriv, uthe a Security Agreement with respect to all the property described herein. <br />15. The covenants contained in this Trust Deed will be deemed to be severable; in the event that any portion of this Trust Deed Is determined to <br />be void or unenforceable, that determination will not affect the validity of the remaining portions of the Trust Deed. <br />Ad p: 00256678: Primary Customer ID B: 00045929; CIF #: 51357 Legal Due, Date: April 01, 2002 <br />FORM 5011, Trust Deed and Assignment of Rents Paga 2 <br />