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<br />87- 107410
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<br />FeBD 5011
<br />Page 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 advances, 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 contlngont, debts and liabilities of Trustor(s) to Beneficiary of
<br />any nature whatsoever,
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<br />This Trust Deed will be due ,Tanllary 1, ?OOR or upon the payment In full of all sums secured hereby.
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<br />Trullor(s) hereby warrant that they hold tee simple tIIle to the above described property, thet they have good and lewtul authority to deed and ancumbtlrthe same,
<br />that said property Islree and clear 01 all liens and encumbrances, excapt ancumbranc8ll of record, and that thay will warrant and dafand said property against all
<br />claimants whomsoever. Trustor(s) also herebywalya and relinquish all rights of dower, hom8lltead, dlllrlbutiya ahara and examptlon In and to tha aboyedescrlbed
<br />property.
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<br />Truatof(a) MCIeKh of tIMm furtller _t MCI8l1'" wttII Beneftclary _ foH_:
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<br />(1) To Il'IY all liens, judgmenll or other assesaments against said Trust estete, and to pay when due all taxes, rents, fees orchargas upon said Trust Estate or under
<br />any 1_, permll, license or prlYllege assigned to Beneficiary as additional security to this Trust Deed, including those on public domain.
<br />(2) To inlura and keep Insured buildings and other improvements now on or hereafter placed on said Trust Estate to the sallsfaction of Beneficiary, Such
<br />Inluranceshall be approved by and deposited with Beneficiary, and endOrsed wllh loss thereunder payable to Beneficiary. AnysumslO received by Beneficiary may
<br />be uled to pay for reconstruction of the destroyed Improyements or II not so applied may, at the option ofthe Beneficiary, beapplied In payment of any indebtedness
<br />matured or unmatured secured by this Trult Deed.
<br />(3) To keep all bultdings, lixtures and other improvements now on or hereafter placed on said Trult Estate occupied and In good rapalr, maintenance and
<br />condition and to neither commit nor permit any acta of waate or any imll'llrment of the yalue of the Trust Estate, Beneficiary may enter upon the Trust Estate to
<br />Inlpect the same or to perform any acll authorized herein or In the loan agreement,
<br />(4) In theeyent Trustor(s) fall to pay any liens, judgments, allS8llSments, taxes, rants, fees orcharges ormalnlaln any Insurance on the property, buildings, fixtures
<br />or Improvements as provided herein or In the loan agreement(s), Beneflciery may, at Its opllon, make such payments or proYlde inlurance, maintenance or repairs
<br />and any amounts ll'Iid therefor shalt become psrt of the principal Indebtedness secured hereby, be immediately due and ll'Iyable and bear Interest from the date 01
<br />payment as proYlded In the note(s) or loan agreement(s). The advancement by Beneficiary of any such amounts shall in no manner limit the right of Beneflcisry to
<br />declare Trustor(s) in default or exercise any of Beneflclarys olller rights and remedies,
<br />(5) In the event Beneficlarylse party to any tIIigallon affecting the security orthe lien olthis Trust Deed,lncluding any action by Beneflciarytoenfol'C4thls Trust
<br />Deed or any sull in which BenefiCiary Is named e defendant (including condemnation and bankruptcy proceedings) Beneficiary may Incur expenses and advance
<br />payments for abstract fees, altomays fees (llxcept to the extent prohlblled by law), costs, expenses, appraisal fees and other charges and any amounts 10 advanced
<br />shall become part 01 the principal indebtedness secured hereby, be immediately due and payable and bear Interest as proYlded In the loan ag.-ment(s).
<br />(6) Any awards made to Trustor(s) orthelrsuccessors by the exercise of eminent domain are hereby assigned to Beneficiary; and Benaficlary is hereby authorized
<br />to collect end apply the same in payment of any indebtedness, matured or unmatured, secured by this Trust Deed,
<br />(7) In the eyent Trustor(s) default in the payment when due of any sums secured hereby (principal, Interest, advanC'9l\'l8nlS, or protective adyances), or fall to
<br />perform or observe any covenants and conditions contained herein, in the note(s), loan agreament(s), or any other Instruments or any proceeding is brought by or
<br />against Trustor(s) under any Benkruptcy laws, Beneficiary may, at Its option, declare the entire Indebtedness secured harebyto be Immedistelydueand payable and
<br />bear inter8lltat the defaull rate as provided In the note(s) or loan agreament(s) and Beneficiary may Immediately euthorize Trustee to exerclae the Power of Sale
<br />granted herein In the mannerproYided In the Nabraaks Trust Deeds Act. or, at the option olthe Beneficiary, may fOl'l>Cloaethe Trust Deed In the mannerproylded by
<br />law for the foreclosure of mortgag8ll on real property, including the eppolntment of a Recelyer upon ex parte application, notice being hereby expressly _ived,
<br />without regard to the yalue of the property ortha sufficiency thereaf to discharge the Indebtedn8ll8 secured hereby or in the loan agreement(s), Delay by Beneficiary
<br />in exercising its rights upon default shall not be construed as e waiver thereat and any act 01 Beneficiary walYlng any specific default shall not be construed as a
<br />waiver of any future oefault. If the proceeds under such sale or foreclosure ere Insufficient to pay the total indebtedness hereby secured, Trustor(a) do hereby agree
<br />to be personally bound to pay the unpaid balance, and Beneficiary shall be entitled to a deliclency judgment.
<br />(8) Should Beneficiary elect to exercise the Power 01 Sale granted herein, Beneficiary shall notlty the Trustee who shall record, publish and deliver to Trustor(s)
<br />such Notice of Default and Notice of Sale as then 'equired by law and shall in the manner proylded by law sell the Trust Estate elthe time and place of sale fixed In the
<br />Notice of Sale, eltheras a whole or in separate Iota, parcels or lIemaand in such orderas the Trustee shall deem expedient, Any person may bid althesale Including
<br />Trustor(s), Trustee or Beneficiary,
<br />(9) Trustor(s) hereby request a copyotany Notice 01 Delault orNollce of Sale hereunderto be malied to them at the address!es) setforth herein by certifitld mall,
<br />(10) Upon default. Beneficiary. either in person or by agent, with or without bringing any action or proceeding and with or without regard to lIIe yalue of the
<br />property or the sufficiency thereof to discharge the indebtedness secured hereby, Is authoriZed end entitled to enter upon and take posaeuion of the Trust Estate In
<br />its own name or In thensme of the Trusteeand doany acta or expend any suma it _ _ry ordaslrabletoprotect or preserve thevalua ofllle Trust Estate or
<br />any inter8llt therein, or Increase lIIe Income therefrom; snd with or without taking ~n of the Trust Estate ia authorized to sua lor or otherwise collect lIIe rents,
<br />Isau8ll, crops, prollts and Income thereol. Including those pall due and unll'lid, and apply lIIe same upon any indebted".. secured hentby or In lIIe loan
<br />agr_nt(s),
<br />No remedy herein conferred upon or reserved to Trull.. or Beneficiary Is Intended to be exclusive of any other remedy herein or by law proYIded or permitted,
<br />but each shall be cumulative, shall be In addition to every othar remedy given hereunder or now or hereafter existing at law or In equity or by atatute, and may be
<br />exerclled concurrently, Independently or aucceaalve;y,
<br />(11) Trustor(s) acknowledge that the dull.. and obllgallonl of Trust.. shall be determined solaly by the expreas provisions of this Trust Deed or the Nebraska
<br />Trust Deeds Act and Trustee shall not be liable except for lIIe performance of such duties and obligations as are specifically set forth therein, and no implied
<br />covenants or obllgatons shall be Imposed upon Trult..; Trustee shall not be liable for any action taken by It In good lalth and reasonably believed by It to be
<br />authorized or within the discretion or rights 01 powers conlarred upon It by this Trust Deed or state law,
<br />(12) The Integrity and responsibility of the Trustor(s) constitutes a pert oftheconllderation for the obligations secured hereby. Should Trustor(s) sell, trensfer or
<br />conyeythe property described herein, without prior written con..nt of Benollclary, Beneficiary may, at Its option, declare the entire Indebtedness Immediately due
<br />and payable and may proceed in the enforcement of lis rights as on any other default.
<br />(13) .....Ignment of Rents including Proceeds of Minerai L_. Trustor(s) hereby transfer, set over and convey to Beneficiary all rants, royalties, bonuses and
<br />delay moneys that may frilm time to time become due and payable under any real8lltate'" or under any oil, gu orolller minerallMM of any kind now existing or
<br />that may hereafter come Into existence, covering the above Trust Estate or any part thersOf, All such sums 10 receiYed by Beneficiary shell be applied to the
<br />Indebtedness secured hereby; or said Benellciary may, at its option, turn over and deliver to the Trustor(s) or lIIelraucceaaors in Interest, any or all of such sums
<br />without prejudice to any of Beneficiary's rights to take and retain future sums, and without prejudice to any ollts other rights under this Trust Deed. The trensfer end
<br />conveyance hereunder to Benallclary 01 said rents, royallles, bonuHS and delay moneys shall be construed to be a proylalon for lIIe payment or reduction of the
<br />debt, aubjoctto the Beneficiary's option as hereinbefore proYlded. Independent 01 the lien on said Trust Estate, Upon payment in full of the debt and the
<br />reconveyance 01 this Trust Deed 01 record, this conveyance shall become inoperetive and 01 no further force and effect,
<br />('.) ThE: covenants contained in this Trust Deed shall be deemed to be severable; In the event that any portion of this Trust Deed Is determined to be void or
<br />unenforceable, that detarminallon shell not alfectthe Yalidlty of the remaining portions of the Trust Deed
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<br />CCI...1/; I-I-, /L (L.'l.--L.:/ u"I' ' .
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<br />Earle H. Karle Viola A. Karle
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<br />STATE OF NEBRASKA
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<br />COUNTY OF
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<br />H;lll
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<br />)
<br />) 85,
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<br />On thia 30t6ayof December , A.D.. 19...!}1-, before me, a Notary Public, personally appeared
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<br />Earle H. Karle and Viola A. Karle, husband and wife
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<br />to me known to be the person(s) named in an,d who executed the foregoin9 Acknowledgment and Trust Deed, and acknowledged
<br />that they executed the same as thelr voluntary act and ,11m. ' _
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<br />Ronald L.
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<br />(SEAL) IJ:- nl"--L
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<br />M"ommlulone, n =_..........' .
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<br />Reiser '
<br />(Type or print nsme under .ignature)
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<br />Notary Public In and for said County and State
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