200207712 - Laserfiche WebLink

Browse

200207712 of 1968, as amended, antl by regulations implememing the same. Trusturlsl further agree that Beneficiary is not and will not be liable for any failure by Trustorls) or by any Insurer, for whatever reason, to ohtain antl keep this insurance in force. 3. To keep all buildings, fixtures, attachments, and other Improvement, now on to hereafter placed on the property occupied and in Bond repair, maintenance, and condition and to neither commit nor permit any acts of waste or any impairment of the value of the property, Beneficiary may enter upon the property to inspect the same or to perform any acts authorized herein or in the loan agreement(s). 4. In the event Trustorls) fails to pay any liens, judgments, assessments, taxes, rents, fees, or charges or maintain any insurance on the property, buildings, fixtures, attachments, or improvements as provided herein or in the loan agreendar , Beneficiary, at its option, may make such payments or provide insurance, maintenance, or repairs and any amounts paid therefor will become part of the principal indebtedness secured hereby, be immediately due and payable and bear interest at the default rate provided in the notelsl from the date of payment until paid. The advancement by Beneficiary 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 rights and remedies. 5. In the event Beneficiary is a party to any litigation affecting the property or the lien of this Trust Deed, including any action by Beneficiary to enforce this Trust Deed or any suit in which Beneficiary is named a defendant (including condemnation and bankruptcy proceedings) Beneficiary may incur expenses and advance payments for abstract fees, attorneys fees (to the extent allowed by law), costs, expenses, appraisal fees, and other charges and any amounts so advanced will become part of the principal indebtedness secured hereby, be immediately due and payable and bear interest at the default rate provided in the notelsl from the date of advance until paid. 6. Any awards made to Trustorls) or their successors by the exercise of eminent domain are hereby assigned to Beneficiary; and Beneficiary Is hereby authorized to collect and apply the same in payment of any indebtetlness, mature or drmatured, secured by this Trust Deed. failure ]. In the event ofdefault Inihe payment when due of any sums secured hereby (principal, interest, advancements, or protective advances), or to perform or observe any covenants and conditions contained herein, In the notelsl, loan agreements), or any other instruments, or any proceedings is brought under any Bankruptcy laws, Beneficiary, at its option, may declare the entire Indebtedness secured herebto be immediately due and payable and the whole will bear interest at the default rate as provided in the notelsl and Beneficiary may immediate)yy authorize Trustee to exercise ilia Power of Sale granted herein in the manner provided in the Nebraska Trust Deeds Act, or, at the option of the Benefciary, may foreclose the Trust Deed in the manner provided by law for the foreclosure of mortgages on real property, including the appointment of a Receiver upon ex parts ,p Fcatiom notice being hereby expressly waived, without regard to the value of the property or the sufficiently thereof to discharge the Itlebtednes secured hereby or in the lean agreements). Delay by Beneficiary in exercising is rights upon default will not be construed as a waiver thereof and any act of Beneficiary waivingg any specified default will not be construed as a waiver of any future default. If the proceeds under such sale or foreclosure are it's efficient to pay tfis total indebtedness secured hereby, Trustorls) do hereby agree to be personally bound to pay the unpaid balance, and Beneficiary will be entitled to a deficiency judgment. and deliver to R. Should Beneficiary elect to exercise the Power of Sale granted herein, Beneficiary will notify Trustee who will record, publish, a Trustorls) such Notice of Default and Notice of Sale as than armimd by law and will in the manner provided byy law, sell the property at the time and place of sale fixed in the Notice of Sale, either as a whale or In separate lots, parcels, or items and in such or or as Trustee will deem expedient. Any person may bid at the sale including Trustorls), Trustee, or Beneficiary. 9. Trustorls) hereby requests a copy of any Notice of Default or Notice of Sale hereunder to be mailed by certified mail to Treetops) at the addresslesl sot forth herein. 10. Upon tlefault, Beneficiary, either in person or by agent, with or without bringing any action or proceeding antl with or without regard to the value 0 h property It the theI lenity [hereof er discharge the indebtetlness secured hereby, is authorized and entitled to enter upon and take possession ut the property in its own name or in the name of the Trustee end de any acts or expend any sums i[ deems necessary or desirable to protect or preserve [he value of the property or any interest therein, or increase the Income therefrom; antl with or without taking possession of the property Is authorized to sue for or otherwise collect the rents, issues, crops, profits, antl income thereof, including [hose past tlue and unpaitl, antl apply the same upon any Indebtedness secured hereby or In the loan agreementlsl. No remedy herein conferre, upon or reserved to Trustee or Beneficiary is Imo ndetl to ba exclusive of any other remetly herein . ' by law providetl or ppermitted, but each will be camel adve, will be in atldition to every other remetly given hereunder or now or hereaker existing at law or In equity or by sla Wte, and may be exercisetl concurrently, independently or successively. 1r Truatorls) acknowledges that the tluties and obligations of Trustee will be determined solely by the express provisions of this Trust Deed or the Nebraska Trust Deeds Act antl Trustee will not be Ai able except for [he porfarmenoa of such duties and obligabens as am specifically set forth _. _ :__.:___ ...: .. :........ ...0 e.nn T .stn. will not be liable for anv Satan by it in good faith and main r, or convey the pr party desc Abed herein, without prior written consent of Beneficiary, Beneficiary, at its option, may ee( ebtedness Immediately due and payable and may proceed in the enforcement of its rights as on any other default. . Assignment of Rents including Proceeds of Mineral Leases. Trustors) hereby assigns, transfers, and conveys to Beneficiary all r cases, and delay moneys or ether proceeds that may from time to time become due and payable under any real estate lease or unit vel, rock, or other mineral lease of any kind incleCmg geothermal resources now existing or that may hereafter come into exist : property or any part thereof. All such sums so received by Beneficiary will be applied to the indebtedness secured hereby: or option, may turn over and deliver to Trustorls) or their successors in interest, any or ell of such sums without prejudice to any < 'its to take and retain future sums, and without prejudice to any of Its other rights under this Trust Deed. This assignment will t a provision for the payment. or reduction of the debt, subject to the Beneficiary's option as hereinbefore provided, independent of .... . . . ... .. .... . e evc:nn edit hir—r —inner 14. This Tmst.Deetl constitutor a Security Agreement with respect to all the property described herein. 15. The covenants contained In this Trust Deed will be deemed to be severi 66; In the event that any portion of this Trust Dend is determined to be void or unenforceable, that determination will not offend the validity of the remaining portions of the Trust Deed. r I —� L �J A fRRNS S INDIVIDUAL BORROWER ACKNOWLEDGMENT STATE OF b1EEi2A53rA I as COUNTY OF HALL 24th July 2002 , before me, a Notary Public, personally appeared Thomas M. Atkins, Sr On this day of a /k /a Thomas M. Atkins and Linda J. Atkins, husband and wife io me known to be the personlsl nametl in and who executed the foregoing instrument, and acknowledged that they executed the same as their volumar at and dead. GU MAL Nj gTi ECHO ALCORN (SEAL) My COW. EIA, MYCA21,2146 Echo Alcorn (Type name under ugmum ) My aummisam, expires March 21, 2006 Notary Public in and for said County and State Ap #: 00266621; Primary Customer ID #: 00055]09; CIF #: ]0392 Legal Doc. Date: July 24, 2002 FORM 5011, Trust Deed and Assignment of Rents Page 2