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200310939 <br />at any one time will not axc <br />This Trust Deed will be due August 01 2004. <br />Trustorlsl hereby warrants that Trustorlsl holds fee simple title to the above described property, that Trusmrlsl has good and lawful authority to <br />dead and encumber the same, that the property is free and clear of all liens and encumbrances, except encumbrances of record, and that Trustor(s) <br />rights of dower, haresurged, <br />d stributive share end exempla against <br />and all <br />to claimants <br />the above described property, list also hereby waives and relinquishes all <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 />Trustorlsl and each of them further covenants and agree. with Beneficiary as follows: <br />1. To pay all hens, judgments, or other assessments against the gingerly, and to pay when due.1I assessments, taxes, rents, fees, or charges upon <br />the propperty or under any lease, permit, license, or privilege assigned to Beneficiary as additional security to this Trust Dead, including those in or <br />2, ppaa insure domain. p <br />2 T 'rid keep Insured buildings and other improvements Including fixtures and attachments , ..� a hereafter h Idea reveal. ula se to <br />not <br />i and keep tam rims - ev i„ ,overmame now on or hereafter placed on the property ,coupled antl in good repair, <br />any acts of waste or any impairment of the value of the property. Beneficiary may <br />acts authorized herein or in the loan egrialoom lsl. <br />rmpunts will in no manner Ilmit the right of Beneficiary to declaro Trustorlsl in default or exercise any of t <br />ary is a party to any litigation affecting the property or the lien of this Trust Deed, including any action <br />or any suit in which Beneficiary is named a defendant (including condemnation and bankruptcy Procee <br />advance payments for abstract fee., attorneys fees ho the extent allowed by lawlr n.sta;nndiera$vsd a <br />file notelet from me are on auvau.is ...... Po,... <br />successors by the exercise Of emleent domain are hanne, assigned to Beneficiary; and Beneficiary I$ <br />in <br />pe in payment of any indebtedness, mature or unmamred, assured by this Trust Deed, cr fgll,..n <br />.lance, and Beneficiary will be entitled to a deficiency judgment. <br />S. Should Beneficiary elect to exorcise the Power of Sale granted herein. Beneficiary will notify Trustee who will record, publish, and deliver to <br />Trustorlsl such Notice of Default and Notice of Sale as then required by law and will in the manner provided by law, sell the property at the time <br />and place of solo fixed in the Notice of Sale, either as a whole or in separate lots, parcels, or items and or such order as Trustee will deem expedient. <br />Any person may bid at the sale Including Trustorls), Trustee, or Beneficiary. <br />B. Trustorlsl hereby requests a copy of any Notice of Default or Notice of Sale hereunder to be mailed by certified mail ro Trustorlsl at the <br />Atltlre831as set forth herein. <br />10. Upon tlefault, Beneficiary. either In person or by agent, with or without bringing any action Br proceeding antl with or without regard to the ei u0 <br />of the property It the eici iry a'thereof to discharge the indebtetlness Secured hereby, Is eumorised antlentitled to enter upon and take possession <br />of the property In its own name or in the name of the Trustee antl de any acts or expend any sums it deems necessary or tlad on a to protector <br />preserve the value he the property or enV interest dir mn, or'do .... the income the ®from; and with or without taking possassion of [he property <br />s authorised a. sue for or otM1er ise collect the rents, Issues, crops, profits, and 'in come thereof, including those past due antl unpaitl, and apply <br />the same upon any indebtetlness secured hereby or in , 'a n agreementlsl. <br />th remetly harem i nf.... upon 0 reservetl to Trustee or Beneficiary is Intended to ba exclusive of any other remetly herein or ba law prpviuI <br />or ermittod, but each will be cumulative, will be In addition m every other remetly given hereunder or now or hereafter existing at law or in equity <br />or ry statute, antl may be exercised concurrenlly, IntlaF ndea, y or au ccesswaly. <br />xTrostorlsT apk n 6ladgACt land T usoee1GwiI not be fable axc ad Farr the �perfo man a o tlsuahldubt as adtl opbl'gat ornstas are epealficallyt et forth <br />. e e r.� _.__ . e e ,.. r ;nn by a in 0 ad faith and <br />'pasonably believed by it to be aupaonzeo or venal l Lou n—el...,, <br />12. The integrity and responsibility of Trustorlsl constitutes a part of t e consideration for the obligations secured hereby. Should are the , <br />bansfep or convey the property described herein, without prior written consent of Beneficiary. Beneficiary, et its option, may declare the entire <br />ndebtednesr Immediately due and ppayable and may proceed in the enforcement of its rights as on any other default. <br />13. Asne of Rents including Pdecade of Mineral Leases. Trustorlsl hereby assigns, transfers, and conveys to Benefi <br />sigmnt briery all rents, royalties, <br />bonuses, and delay moneys or other proceeds that may from time to time become due and Payable under any real estate lease or antler any oil, gas, <br />gravel, rock, or other mineral lease of any kind Including geothermal resources now existing or that may hereafter come into existence, covering at <br />he property .1 turn rvertantl deliver to Tmstodsl or their sawesBsors?inlmerest banyp01. all of of suchn umsswithout prejudice to hereby; or of Beneficiary's may its <br />rights m take and retain future sums, and withouto igadice m any of its other rights under this Trust Deed. This assignment wiY be construed to <br />be a provision for the payment or reduction of the debt, subject to the Beneficial option re o h, this asst a assignment independent of the lien on the <br />property. Upon aymanl in full of the debt and the mconveyance of this Trust Dsetl of record, this assignment will become Inoperative end of no <br />further force an Effect. <br />14. This Trust Deed constitutes a Security Agreement with respect to all the property described herein. Trust Deed is determined to <br />15. The covenants contained in this Trust Deed will be deemed to be severable; in the event that any portion of this <br />be vuid or unenforceable, that determination will not affect the validity of the remaining portions of the Trust Deed. <br />.IA EEETTTTTY <br />sA, nnoo <br />11//pp INDIVIDUAL BORROWER ACKNOWLEDGMENT <br />STATE OF W WA-5 LF-1' I an <br />COUNTY OF 1 <br />On t �� do, of IL�T P6U Jbafore me, a Note y Public, personally appeared �1� `IC�A'y1 VV <br />nn Lz 5 'f� ,_a�t*' lr..r.rabw.�i D.1TpA Vie. <br />to me known to be the personlsl named in and who executed the foregoing Instrument, and acknowletlgetl that v{-. executed the same ae <br />1 V: voluntary act and deed. T J <br />REAL) III GENERAL NOTARY -511W o1 Nebraska <br />KELLY J. LENNERS <br />My Camm. Exp. Feb. fi, 2004 <br />C,.1pIre5 - Lu-U� <br />Ap U: 0031]601; Primary Customer ID B: 00010056; CIF N: 56210 Legal Doc. Date: August 16 2003 <br />FORM 5011, Trust Deed and Assignment of Rents Page 2 <br />