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<br />88-10~OI,Hi
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<br />FC805011
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<br />(c) The repayment in full by Trustor(s) 01 all amounts advanced by Beneficiary, at iI" ,-,plioI', to or on behalf of Trustor(s) as protective advances
<br />authorized herein, in the loan agreement(s). Or in other instrument(s) which may be given to evidence such advances, plus interest on all such
<br />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 any
<br />nature whatsoever.
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<br />This Trust Deed will be due May 1. 2008 or upon the payment in full of all sums secured hereby.
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<br />Trustor(s) hereby warrant that they hold fee simple title to the above described property, that they have good and lawful authority to deed and encumber the same,
<br />that said property Is free and clear 01 all lien. and encumbrances, except encumbranCeS of record. and that they will warrant and delend said property against all
<br />claimants whomsuever. Trustor(s) also hereby waive and relinquish all righls ot aower. homestead, distributive share and exemption in and to the aoove descrioed
<br />property,
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<br />Trustor(e) and each of them lurther coyenant end egr" with Benellclary as followa:
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<br />(1) To pay all liens, judgments or other assessments against said Trust Estate. and to pay when due all taxes, rents, fees or charges upon seid Trust Estale Or under
<br />any lease, permit. license or privilege assigned to Beneliciary es additional security to this Trust Deed, including those on public aomain.
<br />(2) To insure and keep insured buildings and olher improvements now on or herealtllr placed on said Trust Estate to the satislaction 01 Beneliciary. Such
<br />insurance shall be approved by and deposited with Beneficiary, and endorsed with loss thereunder payable to Beneliciary. Any sums so recf'ived by Beneficiary may
<br />be used to pay for reconstruclion otthe destroyed Improvements or if not so applied may, at the option of Beneficial'j, be applied in payment of any indebledness
<br />matured or unmatured secured by this Trust Deed.
<br />(3) To keep all buildings. fixtures and other improvements now on or herealter 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 impairment 01 the value of the Trust Estate, Beneficiary may enter upon \he Trust ESlate to
<br />inspect the same or to perform any acts authorized herein or in the loan agreerr,qnt(s).
<br />(4) In the event Trustor(s) fail to pay any liens. judgments. assessments, taxes, rents, fees orcharges or mainlain any insurance on the property. buildings, fixtures
<br />or improvements as providBll herein or in the loan agreement(s), Beneficiary mey, at its option. make such payments or pmvide insurance, maintenance or repairs
<br />and any amounts paid therelor shall become part of the principal indeblednees secured hereby, be immediately due and payable and bear interest trom tile date of
<br />payment as provided in the note(s) or loan agreement(s). The advancement by Beneficiary 01 any such amounts shall in no manner limit the right 01 Beneficiary to
<br />declare Trustor(S) in delault or exercise any of Beneficiary's other rights and remedies.
<br />(5) In Ihe event Beneficiary is e party 10 any litigation allecting theSl1curity or tile lien ollhis Trust Deed, including any aclion by Beneticiary toenforce this Trust
<br />Deed or any suit in which Beneficiary is named a defendant (including condemnation and bankruptcy proceedings) Beneficiary may incur expenses and advance
<br />payments for abstract fees. attorneys fees (except to the extent prohibited by law), costs. expenses, appraisal fellS and other charges and any amounts so advanced
<br />shall become part of the principal indebtedness secured hereby, be immediately due and payable and bear interest as prOVided in the loan agreement(s).
<br />(6) Any awards madeto Trustor(s) or their successors by the exercise ot eminent domain are hereby 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 />(1) In the event Trustor(s) detault in the payment when due of any sum:o secured hereby (principal. interest. advancements, or protective advances). Or fail to
<br />perform or observe any covenants and conditions containea herein. in the note(s), loan agreement(sl, or any other instrum..nts, or any proceeding is brought by or
<br />against Trustor(s) under any Bankruptcy laws. Beneficiary may, at its option. declare the entire IIldebtednesssecured hereby to be immediately due and payable and
<br />bear interest at the detault rate as provided in the note(s) or loan agreement(s) and Beneliciary may Immediately authoriztl Trustee to exercise the Power of Sale
<br />granted herein in the manner provided in the Nebraska Trust Deeds Act. or. atthe option of the Baneficiar". may foreclose the Trust Deed in the manner plovided by
<br />law for the loreclosure of mortgages on real property. including the appointment of a Receiver upon ex parte application, notice being hereby expressiy waived,
<br />without regard to the value ollhe property orthe sulficiency thereof to discharge the IIldebtedness secured hereby or III the loan agreement(s). Dela)' by BeneliClary
<br />in exercising its rights upor' delault shall not be construed as a waiver thereof and any act ot BenefiCIary walVlIlg any specific default shall not be construed as a
<br />waiver of any luturedefauU.1f the proceeds under such sale or loreclosure are insufficient to pay the total indebtedness secured hereby, Trustor(s) do hereby agree
<br />to be personally bound to pay the unpaid balance, and Beneficiary shall oe entitled to a deficiency ludgment.
<br />(8) Should Beneficiary elect to exercise the Power 01 Salegramed herein. Beneliciary shall notily Trustee who shall record, publish and deliver to Trustor(s) such
<br />Notic;; ot Default and Notice of Sale uS then required by law and shall in the manner provided by ]aw sell the Trust Estate at the time and place ot sale fix'9d in the
<br />Notice ot Sale, either as a whole or in separate lots, parcelS or items ana in such order as Trustee shall deem expedient. Any person may bid at the sale including
<br />Trustor(s), Truslee or Beneficiary.
<br />(9) Trustor(s) hereby request a copy 01 any Notice 01 Delault orNolice 01 Sale herellnder to be mailed to them at the addressees) set lorth herein by certified mail.
<br />(10) Upon delault, Beneficiary, either in person or by agent. with or without bringlllg any actIOn or proceeding and with or without regard to the value of the
<br />prOp"rty orthesufficiencythereoltodischargethe indebtedness secured hereby, is authonzed and entitled to enter upon and lake possession ollhe Trust Estatein
<br />.ts own name or in the name of the Trustee and do any acts or expend any sums It deems necessary or desirable to protect or pre~erve the value 01 the Trust Estate or
<br />any mieresttherein. or increase the income therefrom; and with or withoutlaking possessIon otthe Trust Estate is authorized tosue for or otherwise collect the rents,
<br />issues, crops. prolits 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 remedy herein conlerred upon or reserved to Trustee or Benet.ciary is IIltended to be exclUSIVe of any other remedy herein or by law prOVIded or permitted,
<br />but each shall be cumulative, shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statu Ie, and may be
<br />exercised concurrently, independently or successively.
<br />(11) Trustor(s) acknowledge that the dulies and obligations of Trustee shall he determIned SOlely by the express prOVIsions of this Trust Deed or the Nebraska
<br />Trust Deeds Act and Trustee shall not be liable except for the periormance ot such duties and obligatIons as are specilically set fO";l therein, and no Implied
<br />covenants or obligatons shall be imposed upon Trustee; Trustee shall not be liable lor any achon taken by it III good taith and reasonably beHeved by it to be
<br />authorized or within the aiscretion or rights of powers confarred upon It by lhls Trust Deed or state law
<br />(t2) The integrity and responsibility ot Trustor(s) constitutes a part 01 the cons. deration lor lhe obligations secured hereby. Should Trustor{s) sell, transfer or
<br />convey the property described herein. without pnorwritlen consent ot Beneticlary, genel,c1ary ,,,ay, at Its option. declare the entire lIldebtedness immediately due
<br />and payable and may proceed in the enlorcement 01 its rights as on any other default
<br />(13) Assignment of Rents including Proceeds 01 Mineral lease Trustor(s) hereby lranster, set over and convey to BenefiCIary all rents, royalties, bonuses and
<br />delay moneys that may from time to time become due and payable under any real estate lease or under any oil. gas or other mineral lease ot any kind now existing or
<br />that may hereafter come into existence, covering the above Trust Estate or any part thereot All such sums so received by Beneficiary shall be applied to the
<br />indebtedness secured hereby; or !>aid Beneficiary may, at its option. turn over and delIVer to Trustor(s) or their successors in interest. any or all ot such sums without
<br />prejudice to any of Beneficiary's rights to take and retain future sums, and WIthout preJud.ce 10 any of ItS other rights under this Trust Deed The transfer and
<br />conveyance hereunder to Beneficiary of said rents, royellies. bonuses and delay moneys shall be construed to be a provision lor the payment or reduction 01 the
<br />debt, subject to the Beneliciary's option as hereinbelore provided. IIIdependent of the lien on said Trust Estate. Upon payment in full of the .debl an;;! the
<br />reconveyance of this Trust Deed ot record. this conveyance shall become Inoperallve and 01 nO lunher lorce and eflect.
<br />(14) The covenants contained in this Trust Deed shall be deemed 10 be severable. In the event that any portion ot this Trust Deed 13 aelermllled to be vo.d or
<br />unenforceable, thaI deteriTlination shall not aflect the validity of the remainIng portIOns 01 the Trust Deed
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<br />~ ~ <) L 1J{''''d= ,)~--C;::~-<, --~
<br />Gregg D.'We rg Patricia R. wedberg
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<br />STATE OF NEBRASKA
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<br />ss
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<br />COUNTY OF
<br />On this 26th day of
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<br />HALL
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<br />Apr il
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<br />,A.D., 19 ~. before me, a Notary Public, personally appeared
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<br />Gregg D. Wedberq and Patricia R. Wedberq. husband and wife
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<br />to me known to be the person(s) named in and, who executed Ihe foregoing Acknowledgment and Trust Deed. and acknowledged
<br />that they executed the same as the~r voluntary act and deed.
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<br />(SEAL) -<~B~ ~1/ /- 71./tr-
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<br />(Type or print name under sIgnature)
<br />My commission eKp Nolary Public in and lor said County and State
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