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<br />88-
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<br />1009St"
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<br />FCBO 5011
<br />Page 2 of 2
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<br />(c) The repayment in full by Trustoi(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 agreernent(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 March 1, 2013 or upon the payment In full of all sums secured hereby.
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<br />T rustor(s) hereby werrent thel they hold fee simple tllle to the above described property, that thay hove good and lawful authority to deed end encumber the aame,
<br />Ihat aaid property is free and clear of all liens end encumbrances, except encumbrances 01 record, end that they will warrant and defend said property against all
<br />claimants whomsoever. Trustor(s) slso hereby waive and relinquish all rights of dower. homestead, distributive share end exempllon In and to the above described
<br />propert~'.
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<br />Trustor(s) and eKh of them lurther coventJI\t and eg.... with Benef\clllry .. 10110..:
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<br />(1) To pay all liens, judgments or other assessments against said Trust Estate, end to pay whan due all taxes, rents, lees or charges upon said Trust Estate or under
<br />any lease, permit, IIcenae or privilege a8slgned to Beneficiary aa additIonal security to this Trust Deed, Including those on publiC domain.
<br />(2) To Insure snd keep Insured buildings end other Improvements now on or hereafter plsced on said Trust Estete to the satlslactlon 01 Beneficiary. Such
<br />insurance shall be approved by snd deposited with Beneficiary, and endorsed with loss thereunder payable to Benaflciary. Any sums eo received by Beneficiary may
<br />be used to pay for reconstruction 01 the destroyed Improvements or II not so sppiled may, at the option of the Beneliclary, be applied In psyment 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 repair, maintenance and
<br />condition and to neither commit nor permit any acts 01 waste or any Impeirment of the velue of the Trust Estate. Beneficiary may enter upon the Trust Estate to
<br />inspect the same or to perform any acts authorized hareln or In the loan agreement.
<br />(4) In the event Trustor(s) lail to pay sny liens, judgments, assessmants, taxes, rents, fees or charges or maintain any Insurance on the property, buildings, fixtures
<br />or improvem.ents as provided herein or In the loan agreement(s), Beneficiary may, at Its option, make such payments or provide insurance, meintenance or repairs
<br />and any amounts paid therelor shall become part of tha princlpallndebtedneas aecured hereby, be immedlataly due and payable and bear Interest Irom the date of
<br />payment 88 provided in the note(s) or loan agreemenl(s). The edvancement by Beneficiary 01 any suCh amounts ahallln no manner limit the right 01 Beneficiary to
<br />declare Trustor(s) in default or exercise any of Beneficiary's other righta and remedies.
<br />(5) In the event Beneficiary Is a party to any litigation affecting the security orthe lien ofthls Trust Deed,lncluding any aclion by Beneficiary to enforce this Trust
<br />Deed or eny suit In ",hich Beneficiary is nemed s defendant (Including cond..mnation and bankruptcy proceedings) Benellciary may Incur expen_ and advance
<br />payments for abstract fees, attorneys lees (except to the extent prohibited by law), costs, expenses, appraisal fees and other charges and any amounts eo advanced
<br />shall become part of the principal Indebtedness secured r.areby, be immediately due and payable and bear interaGt as provided in the loan ag-.nent(s).
<br />(6) Any ewards made to Trustor(s) or their successors by the exercise olominent domain are hereby esslgned to Beneficiary; and Beneficiary Is hereby authorized
<br />to collect and apply the seme 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 hereby (principal, Interest, advancements, 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, declare theentire indebtedness aecured hereby to be Immediately due and payable and
<br />bear interest at the defaull rate as provided in the note Is) or loan agreement(s) and Beneficiary may Immediately authorize Trustee to axerclae the Power of Sale
<br />grsnted herein In the manner provided In the Nabraska Trust Deeds Act, or, allhe option of the Beneficiary, may foreclose the Trust Deed In the manner provided by
<br />law lor the foreclosure of mortgages on real property, including the appointment 01 a Receiver upon ex pana application, notice beIng hereby expressly waIved,
<br />without reglrd to thl value of the property orthe sulticiency thereol to discharge the indebtedness secured hereby 0" in \he loan agreement(s). Dellly by Beneficiary
<br />in exercising its rights upon deflult shall not be construed as a waiver thereol and any act of Beneticllry waiving any specific default ahall not be construed as a
<br />C waiver 01 any future olfault. If the proceeds under such Mle or foreclosure are Insulticiant 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 deficiency judgment.
<br />\. (8) Should Benlficlary elect to exercise the Power 01 Sale grented herein, Beneficiary ahall notify the Trustee who aha II record, publish and deliver to Trustor(s)
<br />such Notica 01 Default and Notice of Slleas then required by law and shall in the manner provided by law sell the Trust Eatateallhetimellnd place 01 sale fixed in the
<br />Notice of Sale, either as a whole or In saparatelots, parcels or Items and in such order as the TrusteeShalldeam expedient. Any person may bid at thesele including
<br />Trustor(s), Trultee or Beneficiary.
<br />(9) Trustor(s) hereby request a copy of any Notice of Defeult or Notice of Sale hereunder to be mailed to tham at theadd_(es) eat lorth herein by cenllled mali.
<br />(10) Upon default, Ben!lficiary, either in ""rson or by agent, with or without bringing any action or proceeding and with or wIthout ~ard to the value 01 the
<br />property orthe sulticlencythereof to discharge the indebtedness secured hereby, is authorized and entitled to enter upon and take ~ion ofthe Trust Eatate In
<br />its own name or in the name of the Trusteeand do any acts or expend any sums It deems necessary orde8lrable to protect or p_rve thevalue of the Trust Eslllte or
<br />any intarest therein, or increasa the Income therefrom; and with or without taking _ion ofthe Trust Estate is authorized to.... fororotherwise collect the rents.
<br />issues, crops, profits and income \hereof, Including those past due and unpaid, and apply the seme upon any Indeb:edneca secured hereby or in the loan
<br />agreement(s).
<br />No remedy hrrllin conferred upon orrnerved to Trullee or Beneficiary is Intended to be exclusive 01 any other remedy hereIn orby Ilw provided or permitted,
<br />but each shall be cumulative, shall be In addition to every other remedy given hereunder or now or hereafter exil1ing at law or In equity or by statute, and may be
<br />exercised concurrently, Independently or lucc:eaaively.
<br />(11) Trustor(sl acknowledge that the duties and obligations 01 Trullee ahall be determined solely by the exp.... provisions of this Trust Deed or the Nebraska
<br />Trust Deeds Act and Trustee shall not be liable except lor the performance of such duties and obligatlona as are 1peClflcally set forth therein, and no Implied
<br />covenants or obllgatons shill be Imposed upon Trust"; Trustee shall not be liable for any action taken by It In good lalth and I'lIU{JI\8bly believed by it to be
<br />authorized or within the discretion or righta of powers conferred upon it by this Trust Deed or ltate law.
<br />(12) The integrity and responsibility ofthe Trustor(a) constitutes a part of theconllderation for the obligations secured hereby. Should Trustor(s) sell, transler or
<br />convay the property described herein, without prior wrltt..n consent of Beneficiary, Beneficiary may, at its option, declare theentire indebtedness Immediately due
<br />and payable and may proceed In the enforcement of its rights as on any other default.
<br />(13) Asaignment of Rents Including Proceeds of Minerai Lease. Truator(l) hereby trensfer, set over and convey to Beneficiary all rents, royalties, bonuses and
<br />delay moneys that maylrom time to time become due and payable under any real estate Ieue or under any 011, gas or other mineral_of any kind now existing or
<br />that may hereafter come Into existence, covering the above Truat Estate or any part thereof. All auch aums so rwceiYlld by Beneficiary shall be applied to the
<br />indebtedness secured heraby; or said Beneficiary may, at Ita option, turn over and deliver to the Trustor(a) or their auccaaons In Inta....t, any or all of auch lums
<br />without prejudice to anyol Baneficiary's rights to take and retain luturesums, and without prejudice to any of Ita other ri\1hta underthis Trust Deed. Thetransler and
<br />conveyance hereunder to Beneficiary of said rents. royalties, bonuses and delay moneys shall be construed to be a provision lor the payment or reduction 01 the
<br />debt, subject to the Beneficiery's option as hereinbefore provid<!ld, independent of the lien on said Trust Estate. Upon payment In full of \he ,jebt and the
<br />reconveyance of this Trust Deed 01 record. this conveyance shall become Inoperetive and of no lurther force and eltect.
<br />(14) The covenanta contained In this Trust Deed shall be deemed to be severable; in the event that any portion 01 this Trust Deed Is determined to be void or
<br />~unenlorceable' /hat detsrm/natio,,> lJ)all not affect the validity 01 the remaining portions of the T~st Deed.
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<br />=mO~d V .;~~~ ?I'/;[n~~. ~1'C~k R M'j .;: .,f
<br />-<~na~ . J e ~~d~'1~~~ek ,~Ie( f / /
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<br />1/ l /) /" . . ~. /"
<br />"L~i;;; j.;;~~;~- P~n~; R:;J~uj~k ,/. /'--.:. r->~/f
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<br />STATE OF NEBRASKA )
<br />) as.
<br />)
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<br />COUNTY OF
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<br />Hall
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<br />On this .lsL day of M" r~ h , A.D., 19 --BB-., before me, a Notary Public. personally appeared
<br />Raymond V. Houdek and Adeline R. Houdek; Donald J. Houdek, husband of Cindy L. Houdek; and LeRoy J.
<br />Hcudek talk la LeRoy HOllde~ and as Leroy Houdek) "nd Penny R HOlldf"k (<1 Ik 1<1 ppnny HOlldpk) J111sba~d.
<br />to me known to ~ the person(s) named in and who executed the foregoing Acknowledgment and Trust Deed, and acknowledged an wlfE
<br />that the . . voluntary act and deed.
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<br />(SEAL) 6"~~= t~ ? _:.-/ ,."'- - u ,__
<br />~ IIrCllaa,... 11.. Ronald L. Reiser /
<br />.. -~ - - - - . (Type or print name under signature)
<br />My commission expires Nov. 11. 1990 Notary Public In end lor said County and State
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