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<br />87- 107410
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<br />FCBO 5011
<br />paga 2 of 2
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<br />(c) The repayment In full by Trustor(s) of all amounts advanced by Beneficiary, at Its option, to or on behalf of Trustor(s) as protective
<br />advances authorized herein, In the loan agreement(s), or In other Instrument(s) which may be given to evidence such edvances, plus interest
<br />on all such advances, payable as provided In the note(s), loan agreement(s) or other Instrument(s),
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<br />(d) The payment in full of any and all other past, present or future, direct or contingent, debts and liabilities of Trustor(s) to Beneficiary of
<br />any nature whatsoever,
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<br />This Trust Deed will be due ,Janui! ry 1, /.008 or upon the payment In full of 611 sums secured hereby,
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<br />Trustor(s) hereby werrentthat they hold lee simple title to the above described property, that they have good and lawful authority to deed and encumber tha same,
<br />that said property is tree and clear ot all liens and encumbrances, except encumbrances of record. and that they will warrant and delend said property against all
<br />claimants whomsoever. Trustor(s) also hereby waive end relinquish ell rights 01 dower, homesteed, dlstrlbutlye ahare and exemption In and to the above described
<br />property,
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<br />Truator(l) end HCh of them further _t end 110'" with e-fIclary .. follOM:
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<br />(1) To pay all liens, judgments or other assessments against said Trust Estate, and to pay when due alltexes. rents, tees or charges upon said Trust Estate or under
<br />any leaH, permit, license or prlYllega assigned to Beneficiary as additional security to this Trust Deed, Including those on public domain,
<br />(2) To Insure and keep insured buildings and other improvements now on or hereafter placed on said Trust Estate to the satisfaction of Beneficiary, Such
<br />insurance shell be approved by and deposited with Beneficlery. and endorsed with loss thereunder payable to Beneficiary, Any sums 80 received by Beneficiary may
<br />be used to pay for reconstruction of the destroyed improvements or if not so applied may, at the option of the Beneficiary, be applied In payment of any Indebtedness
<br />matured or unmatured secured by this Trust Deed.
<br />(3) To keep all buildings, fixtures and other improvements now on or hereafter placed on said Trust Estate occupied and in good rapair, maintenance and
<br />condition and to neither commit nor permit any acts of waste or any Impairment of the yalue of the Trust Estate, Beneficiary may enter upon the Trust Estate to
<br />inspect the same or to perform any acts authorized herein or in the loan agreement.
<br />(4) In theeyenlTrustor(s) fall to pay any liens, judgments, assessments. taxes, rants, feesorchargesormalnlain any insurance on the property, buildings. fixtures
<br />or Improyements as provided heraln or In the loan agreement(s). BenefiCiary may, at Its option, make such peyments or provide insurance, maintenance or repairs
<br />and any amounts paid therefor shall become part of the principellndebtedness lI8Cured hereby. be Immediately due and payable and bear Interest from the date of
<br />payment as provided In the note(s) or loan agreement(s), The advancemant by Beneficiary of any such amounts shall in no manner limit the right of Beneficiary to
<br />declare Trustor(s) in dafault or exercise any of Beneficiary's other rights and ramedies,
<br />(5) In tha event Beneficiary Is a perty to any litigation affecting the security orthe lien of this Trust Deed. including any action by Benaficiarytoenforc<J this Trust
<br />Deed or any suit in which Beneficiary Is named a defendent (including condemnetion and bankruptcy proceedings) Beneficiary may incur expenses and advance
<br />paymants for abstract fees, attornays fees (except to the extent prohibited by law), costs, expenses, appraisal fees and other charges and any amounts 80 advanced
<br />shall become part of the principal Indebtedness secured heraby, be immediately due and payable and bear Interast as provided In the loan agreemenl(s).
<br />(6) Any awards made to TruSlor(s) ortheirsuccessors by the exercise of eminent domain ara heraby assigned to BenefiCiary; and Beneficiary is hereby authorized
<br />to collect and apply the same in payment of any indebtedness, matured or unmatured, secured by this Trust Deed,
<br />(7) In the event Trustor(s) default in the payment when due of any sums secured heraby (principal, interast, advanCi'Jments, or protective advances), or fail to
<br />perform or observe any covenants and conditions contained herein, in the note(s), loan agreement(s). or any other instruments or any proceeding is brought by or
<br />against Trustor(s) under any Bankruptcy laws, Beneficiary may. at its option, declara the entire indebtedness secured hereby to be Immediately due and payable and
<br />bear interest at the default rate as provided in the note(s) or loan agreement(s) and Beneficiary msy Immediately authorize Trustee to exercise the Power of Sale
<br />granted herein In the manner proYlded in the Nebraska Trust Deeds Act. or, at the option of the Banellclary. may foreclose the Trust Deed In the manner provided by
<br />law for the foreclosure of mortgages on real property, including the appointment of a Receiver upon ex parte application, notice being heraby expressly _ived,
<br />without regard tothevalue of the property orthe sufficiency thereof to discharge the indebtedness secured heraby or in the loan agreement(s), Delay by Benellciery
<br />in exercising its rights upon default shall not be construed as a waiver theraof and any act of Beneficiary waiving any specific default shall not be construed as a
<br />waiyerof any futura Default, lithe proceeds under such sale or foreclosure ere insufficient to pay the total Indebtedness hereby secured, Trustor(s) do heraby agree
<br />to be pe~onally bound to pay the unpaid balance, end Baneficiary shall be enlltled to a deficiency judgment.
<br />(8) Should Beneficiary elect to exercise the Power of Sale granted herain, Beneficiary shall notity the Trustee who shall record. publish and deliver to Trustor(s)
<br />such Notice of Default and Notice of Sale as then required by law and shall in the manner provided by law sell the Trust Estate atlhe time and place of sale IIxed in the
<br />Notice of Sale, either as a whole or in separate lots, parcels or items and in such orderas the Trustae shall deem expedient, Any person may bid atlhe sale Including
<br />Trustor(s), Trustee or Beneficiary,
<br />(9) Trustor(s) hereby request a copy of any Notice of Default or Notice of Sele hereunderto be mailed to them at the address(es)..t forth herein by certifi6d mall.
<br />(10) Upon default, Beneficiary, either In pe~on or by agent. with or without bringing any action or proceeding and with or without regard to the value of the
<br />property orthe sufficiencythereolto discharge the indebtedness secured hereby,ls authorized and enlllled tcenter upon and take posaession olthe Trust Estate In
<br />its own name or in the name of the Trusteeand do any acts or expend any sums It d"ms necessary or desirable to protect or prllll8rve the value olthe Trust Estate or
<br />any interest therein, or increa.. the Incomatherefrom; and with or without taking ~on of the Trust Estate iseuthorized to sue for or othefwise colleCt the rants,
<br />issues, crops, profits and Income thereof, Including those past due and unpaid, and apply the same upon any indebtedness secured hereby or in the loan
<br />agreement(s).
<br />No ramedy herein conferred upon or reserved to Trultee or Benellclary is intended to beexclusive of any other ramedy herain orby law provided or permitted,
<br />but each shall be cumulative, shall be In addition to every other remedy given heraunder or now or hereafter existing at law or in equity or by statute, and may be
<br />exercised concurrently, independently or luccesalvely.
<br />(11) Trustor(s) acknowledge that the dulles and obligations of Trultee shall be determined solely by the express provisions of this Trust Deed or the Nebrasks
<br />Trust Deeds Act and Trustee ahall not be liable except for the performance of such duties end obligations as ere specifically ..t forth therain. end no implied
<br />covenants or obligatons ahall be imposed upon Trultee; Trultee shall not be liable for any action taken by it in good faith and reasonably believed by It to be
<br />authorized or within the discretion or rights 01 po_~ conferred upon it by this Trust Deed or state law,
<br />(12) The integrity and responsibility of the Trustor(s) constitutes a part of the consideration forthe obligations secured hereby, Should Trustor(s) sell. transfer or
<br />convey the property described herein. without prior written consent of Benoficiary. Beneficiary may, at Its option, declara theentira indebtedness immediately due
<br />and payable end may proceed in the enforcement of Its rights as on any other default.
<br />(13) Aaaignment of Rents including Proceeds of Minerai Lease, Trustor(s) heraby transfer. set over and convey to Beneficiary all rants, royalties, bonuses and
<br />delay moneys that mayf",m time to lime become due and payable under any real estate '- or under anyoit, gu or other mineral lease of any kind now exlsllng or
<br />that may hereafter come into existence, covering the above Trust Estate or any part lherBol. All such sums 10 received by Beneficiary shall be applied to the
<br />indebtedness secured hereby; or said Beneficiary may, at Its opllon, turn over and deliver to the Trustor(s) or their succesaors in interest, any or all of such sums
<br />without prejudice to any of Benellclary's rights to take and ratain futura sums, and without prajudice to any of Its other rights under this Trust Deed, The transfer and
<br />conveyance heraunder to Benellciary of said rents, royalties, bonuses and dalay moneys shall be construed to be a provision for the payment or reduction of the
<br />debt, subject to the Benellciary's option as hereinbefore provided. independent of the lien on said Trust Estate, Upon payment in full of the debt and the
<br />reconveyance of this Trust Deed of record, this conveyance .hall become inoperative and of no further force and effect.
<br />(14) ThE: covenants contained In this Trust Deed shall be deemed to be seyerable; in the event that eny portion of this Trust Deed is determined to be yold or
<br />unenforceable, that determination shall not affect the yalldity of the ramainlng portions of the Trust Deed,
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<br />Earle H. Karle
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<br />Viola A, Karle
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<br />STATE OF NEBRASKA
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<br />COUNTY OF
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<br />On this 30teay of December , A,D., 19 ~. before me, a Notary Public, personally appeared
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<br />Earle Ii. Karle and Viola A. Karle, husband and wife
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<br />to me known to be the person(s) named In a~d who executed the foregoing Acknowledgmenf and Trust Deed, and acknowledged
<br />thaf they executed the same as theJ.r voluntary acland 9eed, ' .
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<br />(SEAL) u: F--L
<br />M.tnl.DL. _
<br />My commission ex ' ........... It, - ,
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<br />Ronllld L, Reiser '
<br />(Type or print name under signature)
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<br />Notary Public In and for said County and State
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