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iotenance, and condition and to neither commit <br />enter upon the property to Inspect the same or to 1 <br />4. In the event Irustalsl fails to pay any liens, jud <br />buildings, fisecede, attachments, or improvements a <br />or provide insurance, maintenance, or repairs' and <br />immediately due and payable and bear interest at tl <br />Beneficiary of any such amounts will in no manner I <br />rights and remedies. <br />5. In the event Beneficiary is a party to any litigat <br />enforce this Trust Deed or any suit in which Barrel <br />may incur expenses and advance payments for ab: <br />other charges and any amounts so advanced will t <br />bear interest at the default rate provided in the not <br />200208776 <br />acts of waste or any imps <br />s authorized herein or in tl <br />mans, taxes, rents, fees, <br />affecting the <br />'v is named <br />6. Any awards made to Trustorls) or their successors <br />herch v authorized to collect and apply the same in pays <br />isperform or <br />ought If <br />or <br />of Sale r <br />the on <br />critics <br />ss Sacco <br />I any act <br />any <br />monetary elect to exercise the Power of Sale granted he <br />;h Notice of Default and Notice of Sale as then required <br />:ale fixed in the Notice of Sale, either as a whole or at sap: <br />nay bid at the sale including Trustorls), Trustee, or Barrel <br />hereby requests a copy of any Notice of Default or N <br />at forth herein. <br />suit, Beneficiary, either in person or by agent, with or with <br />.y or the sufficiency thereof to discharge the indebtedness <br />ty in its awn name or in fire name of the Trustee and do <br />value of the property or any interest therein, or increase 1 <br />to sue for or of collect the rents, issues, crops, 1 <br />m any indebtedness secured hereby or in the loan aggreer <br />seem confined upon or reserved to Trustee or Beneficier <br />Or <br />or <br />]nd deliver to I rustrued a <br />a provision or me payment or reaucoon or One a <br />10 arty. Upon uavment In full of the debt and the <br />or uncutorcesble, that determination WIII not <br />for <br />part <br />the value of the property. Beneficiary may <br />onabo nt(s). <br />or maintain any in ante on the property, <br />Mary, at its option, may make such payments <br />to declare Trustm(s)in default or exercise any of Beneficiary's other <br />or the lien of this Trust Deed, including any action by Beneficiary to <br />it Including condemnation and bankruptcy proceedings) Beneficiary <br />Ito the extent allowed by law), costs, expenses, appraisal fees, and <br />I indebtedness secured hereby, be immediately due and payable and <br />until paid. <br />anent domain are hereby assigned to Beneficiary; and Beneficiary Is <br />the notelsl, loan earsementlsl, or any other Instruments, or <br />is on real property, including the appointment of a Receiver upon ex parts <br />the value of the Property or the sufficiently thereof to discharge the <br />iciary in exercising its rights upon default will not be construed as a waiver <br />e construed as a waiver of any future default. If the proceeds under such <br />abbey, Trustuds) do hereby agree to be personally bound to pay the unpaid <br />n, Beneficiary will notify Trustee who will record, publish, and deliver to <br />law and will in the manner provided by law, sell the property at the time <br />to lots, parcels, or items and in such order as Trustee will deem expedient, <br />ce of Sale hereunder to be mailed by certified mail to Truslorlsl at the <br />it bringing any action or proceeding and with or without regard to the value <br />:cured herahy, is authorized and entitled to enter upon and take possession <br />y acts or expend any sums it deems necessary or desirshle to protect or <br />incme therefrom; and with or without taking possession of the property <br />fits, and income thereof, including those past due and unpaid, and apply <br />solid. <br />s intended to be exclusive of any other remedy herein or by law provided <br />ar remedy given hereunder or now or hereafter existing at law or in equity <br />:essively. <br />will be determined solely by the express provisions of this Trust Deed or <br />to performance of such duties and obligations as are specifically set forth <br />Trustee; Trustee will not be liable for any action by it in good faith and <br />its of powers conferred yon it by this Trust Deed or state law. <br />n d aeration for the oblipations secured hereby. Should Tibetans) sell, <br />tconsent of Beneficiary, Beneficiary, at its option, may declare the entire <br />,cement of its rights as on any other default, <br />d hereby assigns, transfers, and conveys to Beneficiary all rents, royalties, <br />become due and payable under any real estate lease or under any oil, gas, <br />ounces now existing or that may hereafter come into existence, covering <br />ary will be applied to the indebtedness secured hereby; or Beneficiary, at <br />as <br />of this Trust Deed of record, this assignment will become inoperative and of no <br />ct to all the property described herein. <br />t be severable; in the event that any portion of this Trust Deed is determined to <br />unity of the remaining portions of the Trust Deed. <br />THE ROH/ LIMITED ARitetl Partnership <br />BV: 4 <br />N N R H R, en mar <br />BY: 11 <br />CLARA M ROHVIFR, Trustee of the era M. Rohwer Trust, a General Partner <br />LIMITED PARTNER HIP BORROWER ACKNOWLEDGMENT <br />STATE OF 'i.BRASKA 1 <br />COUNTY OF 11 ) <br />On this �Z day o V -t! l_ zf�OZ before me, a Notary Public, personally appeared <br />to me known to be the personls) named in and who executed the foregoing Instrument who did say that he /they is lure the general parineds) of <br />The Rohwer Family Limited Partnership , a limited partnership, <br />and that the instrument was signed on hehalf of the limited partnership by authority of its partners and the qjydde l partners acknowledged the <br />execution of the instrument to be the voluntary act and deed of the limited partnershi nth them viol tartly exec I. <br />GCNEAAi NJ ^rRY S;r" of Nebraska <br />(SEAL) JChi;J c. °ARTMAN <br />fJV emnm. E�rp. Anil2e, 2004 John E. Ilartman <br />l7yue name under signature) <br />My commission expires Notary Public in and for said County and State <br />LIMITED PARTNERSHIP BORROWER ACKNOWLEDGMENT <br />STALE OF NEBRASKA 1 <br />n I ss <br />2 <br />COUNTY OF ,C./ q41 r 1 <br />On this 145' day n1 /i-J 4XZ // j Z0-11Zefore me, a Notary Public, personally appeared <br />to me known to he the person(.) named in and who executed the foregoing instrument, who did say that he /may is /are the general partnerls) of <br />The Rohwer Faudly Limited Partnership , a limited partnership. <br />and that the instrument was signed on behalf of the limited partnership by authority of its partners and the general partners acknowledged the <br />Ap #: 00268498; Primary Customer ID #; 00100962; CIF #: 104225 Legal Doc, Date: August 15, 2002 <br />FORM 5011, Trust Deed and Assignment of Rents Page 2 <br />