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<br />Note as to anyone (1) event of default, shall not waive or preclude
<br />the exercise of any right or remedy on the event of a subsequent
<br />default.
<br />10. Eminent Domain. Should the Property or any part thereof or interest
<br />therein be taken or damaged by reason on any taking by right of
<br />eminent domain, condemnation, or in any other manner, including a
<br />deed in lieu of condemnation, or should the Trustors receive any
<br />Notice or any other information regarding such a proceeding, the
<br />Trustors shall give immediate written notice thereof to the
<br />Beneficiary. The parties shall reach a mutual agreement as to the
<br />receipt of any compensation, award, or other payments or relief
<br />granted with respect to the exercise of eminent domain, with any
<br />amounts which the Beneficiary may receive to be applied to the
<br />unpaid balance of the Promissory Note in the inverse order of
<br />maturity, without any reduction in the amount of principal and interest
<br />payments.
<br />11. Transfer of ProQertv. The Beneficiary enters into this Agreement on
<br />the responsibility of the Trustors and on the basis of the amicable
<br />relations which have previously existed between the Beneficiary and
<br />the Trustors with respect to the Property. Should the Trustors desire
<br />to sell or encumber the Property or any part thereof, they shall
<br />forthwith obtain the prior written consent of the Beneficiary to such
<br />sale or encumbrance while any sums remain due and owing on the
<br />Promissory Note, secured by this Deed of Trust. Should the Trustors
<br />sell or encumber any part of the Property, or any interest therein, to
<br />any third party, or enter into any agreement to sell, encumber or
<br />create an interest in a third party in the Property, without the prior
<br />written consent of the Beneficiary, other than granting a lease to a
<br />third party, or if the Trustors permit all or any part of the Property to
<br />become subject to a lien of any kind, without the prior written consent
<br />of the Beneficiary, the Beneficiary, at its' sole option, can declare the
<br />entire indebtedness remaining immediately due and payable, and
<br />exercise any of the remedies available to it under this Deed of Trust.
<br />12.Assignment of Hent~. As additional security, the Trustors hereby
<br />assign to the Beneficiary all of the rents of the Property, provided that
<br />the Trustors shall, prior to acceleration hereunder or abandonment of
<br />the Property, have the right to collect and retain such rents as they
<br />become due and payable. On the acceleration as provided herein,
<br />upon and event of default, or upon the Trustors abandonment of the
<br />Property, the Beneficiary, in person or by agent, or by a judicially
<br />appointed receiver, shall be entitled to enter upon, take possession
<br />of and manage the Property and collect the rents of the Property. All
<br />rents collected by the Beneficiary shall be applied first to the payment
<br />of the costs of managing the Property and collection of rents,
<br />including, but not limited to receiver's fees, premiums on receiver's
<br />bonds, and, if allowed by law, a reasonable attorney's fee, and then
<br />to the sums secured by this Deed of Trust.
<br />13. Successor Trustee. The Beneficiary, at its' sole option, may from
<br />time to time appoint a successor Trustee by filing for record in the
<br />office of the Register of Deeds of Buffalo County, Nebraska, a
<br />Substitution of Trustee document as provided under Nebraska
<br />statutes. From the time the Substitution is filed for record, the new
<br />Successor Trustee shall succeed to all the powers, duties, authority
<br />and title of the Trustee named in this Deed of Trust and of any prior
<br />Successor Trustee.
<br />14. Trustee's Duties and Powers. The Trustors acknowledge that:
<br />a. The duties and obligations of the Trustee shall be determined
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