|
<br />88-102638
<br />
<br />FCBO 5011
<br />Pogo 2 012
<br />
<br />(C) Tho repaymenlln lull by Truslor!s) 01 all amounls advanced by Benellclary, at lIs opllon, to or on behalf 01 Trustor(s) as protecllve advances
<br />authorized herein, In the loan agreemenl(s), or In other Inslrument(s) which may be g'ven 10 evidence such advances, plua Interest on all such
<br />advances, payable os provided in the note(s), loan agreement(s) or other instrument!s).
<br />
<br />(d) The payment in full of eny end all other pasl, present or future, direct or contingent, debts and lIabllllles of Truslor(s) 10 Beneficiary of any
<br />nalure whatsoever,
<br />
<br />This Trusl Deed will be due May 1, :WOO or upon the payment in lull 01 all sums secured hereby.
<br />
<br />Truslo'(S) horsby warranllhatlhey hold ree almplelllls to lheaboye deacrlbed property, lhallhey have good and lawfulaulhorlly 10 deed and encumberlhe aame.
<br />that !!IBid property Is free and clear of all liens and encumbrances, except encumbrances of record, and that they will warrant and dofend said proper1y against 811
<br />clalmanto whomsoever, Truslor(s) also hereby waive and relinquish all rights of dower, homestead, distributive share and exemption In and lathe above described
<br />property,
<br />
<br />Tru.torea) and each 0' them further covenant .nd ag,.. with ...,.'lela" .. followa:
<br />
<br />(1) To pay sUllens, judgments or other assessments against said Trust Estate, and to pay when due all taxes, rents. fees or charges upon said Trust Eatateor under
<br />any lec.e. permit, Iicenaa or prlyllege assigned 10 Benellclary aa addlllonal aocurlly to this Truat Deed, Including lhoae 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 />Inaur.nce shall be approYed by and deposited with Benellclary, and endorsed with loss t~ereunderpayableto Beneficiary, Any sums so received by Banellciary may
<br />be used to pay for reconstruction 01 the destroyed Improyements or If not 80 applied may, at the option of Beneficiary, be applied In payment of any indebtedness
<br />matured or unmatured secured by this Trult Deed.
<br />(3) To keep all buildings, fixtures and other Improvements now on or herftBfter placed on said Trust Estate occupied and in good repair, maintenance and
<br />condlllon and to neither commit nor permit anv acts of wBste or any Impairment of the value 01 the Trust Estate. Beneficiary may enter upon the Trust Estate to
<br />Inspect the same or to parform any Bcts authorized herein or In the loan agreement(s).
<br />'4) In theovent Trustor(s) tall to pay any liens, judgments, 8ssessment8, taxes, rents, fee9 orchargos or maintain any Insurance on the propeny, buildings, fl:",!ures
<br />or Improvements as provided herein or In the loan agreement(s), Beneficiary may, at its option, make such payments or provldelnlurance, maintenance or repairs
<br />and any amounts paid therefor shall become pan a. the principal Indebtedness secured hereby, be immediately due and payable and bear Interest irom the date of
<br />payment as provided In the note(s) or loan agreem&nt(s). The advancement by Beneficiary of any such amounts shall In no manner limit the right of Beneficiary to
<br />declare Trustor(s) In default or exercise any of Beneficiary's other rights and remedies.
<br />(5) In the Bvont Beneficiary Is a party to any litigation affecting the security or the lien of this Trust Deed, Including any action by Beneflclarytoenforcethis Trust
<br />Oeed or any suit in which Benellclary la named a defsndant (including condemn. lion and bankruptcy proceedings) Benellclary may Incur e.pen..s and advance
<br />payments for abstract fees, attorneys fees (except to the extent prohibited by law), costs, expenses, appraisal fees and other charges and any amounts so advanced
<br />shall become part ot the prlnclpallndebtedness secured hereby, be immediately due Bnd payable and bear Interest as provided In the loan agreement(s).
<br />(6) Any awards made to Trustor(a) or their successors by the exercise 01 eminent domain are hereby Bsslgned 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 Trul!ltor(s) default In the payment when due ot any sums secured hereby (principal. Interest. advancements, or protective advances), or fail to
<br />perform or observe any covenants and conditions conts.lned herein. in the not8(5).loan agreement(a), or any other Instruments, orany proceeding is brought byor
<br />against Trul!tor(s~ under any Bankruptcy laws, Beneficiary may. at Its option, declare the entire Indebtedness secured hereby to be Immediately due snd payable and
<br />bear interest at the default rate as provided In the note(s) or loan agreement(s) and Benetlciary may immediately authorize Trustee to exercise the Power at Sale
<br />granted herein In the manner provided in the Nebraska Trust Deeds Act, or. at the option of the Beneficiary, may foreclose the Trust Deed in 'he manner provided by
<br />law for the foreclosure of mortgages on real property, including the appointment of B Recello'er upon ex parte application, notice being hereby expressly waived.
<br />without regard tothe value of the property or the sufficiency thereof to discharge the indebtedness secured hereby or in the loan agreement(s). Delay by Beneficiary
<br />In exercising its rights upon default shall not be construed 89 a waiver thereof and Bny act of Beneficiary waiving any specific default shall not be construed as B
<br />waiver of any future default. If the proceeds under such sale or foreclosure are insufficient to pay the total Indebtedness secured hereby, Trustor(s) do hereby agree
<br />10 be personally bound to ~y the unpaid balance, and BenefiCiary shall be entitled to a deficiency judgment.
<br />(8) Should Beneficiary elect to e~ercjae the Power of Sale granled herein, Beneficiary shall notify Trusteewho shall record, publish and deliver to Trustor(s) such
<br />Notice ot Default and Notice of Sale &l!I then required by law and shall In the manner provided by law sell the Trust Estate at the time and place 01 sate fixed in the
<br />Notice ot Sale, either as a whole or in separate lots, parcels or lIems and In such order as Trustee shall deem expedient. Any person may bid at nle sale Including
<br />Trustor(s), Trustee or Beneflclary.
<br />(9) Trustor(s) hereby requests copy of any Notice of Default or Notice of Sale hereunder to be mailed to them at the address(es) set forth herein by certified mail.
<br />(10) Upon default, Beneticiary, either in person or by agent, with or without bringing any Bction or proceeding and with or without regard to the value of Ihe
<br />property or the sufficiency thereof 10 discharge the indebtedness secured hereby, is.authorlzed and entitled to enter upon and take possession olthe Trust Estate in
<br />ill! own name or in Ihe name oithe Trusleeand do any acts orexpOnd sny sums II deem! necessary or doslrableto protect or preservetne v81ueoftne Trust Estlte or
<br />any Interest therein. or increase the incometherelrom; and with or without taking pos!!l9sslon 01 the Trust Estate Is authorized to sue for or otherwise collect the rents.
<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 />.greemenl(a).
<br />No remedy herein conferred upon or reserved to Trustee or BenefiCiary IS Intended to be exclusive at any other remedy herein or by law provided or permlned.
<br />but each shall be cumulative, shall be In addition to every olher remedy given hereunder or now or hereafter existing at law or In equity or by statute. and may be
<br />exercised concurrently, Independently or successively.
<br />(11) Trustor(s) acknowledge that the duties and obligations ot Trustee shall be determined solely by the express provisions of this Trust Deed or the Nebraska
<br />Trust Deeds Act and Trustee shall not be liable except tor the performance or such duties and obligations as are specitlcally set forth therein. and no implied
<br />covenants or obllgatons shall be imposed upon Trustee; Trustee shsll 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 of powers conferred upon It by this Trust Deed or stlte Ilw
<br />(12) The Integrity and responsibility of Trus10rts) constitutes a part 01 the consideration for the obligations secured hereby. Should Trustor(s} sell. transfer or
<br />convey the property descrlbed herein, without prior written consent 01 Beneficiary, Benetlclary may, at Its option, declare the entire Indebtedness immediately due
<br />and payable and may proceed In the enforcement of its rights as on any other default
<br />(13) Assignment of Rents including Proceeds of Minerai Lease. Trustor(s~ hereby transler, 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 all, gas or other mineral lease of any kind now existing or
<br />that may nereBfter come into existence, covering the above Trust Estate or any pan thereof. All such sums so received by Beneficiary shall be applied 10 the
<br />Indebtedness secured hereby; orsaid Beneficiary may, at Its option, turn over and deliver to Trustor(s) orthelr successors in interest, any or all 01 such sums without
<br />prejudice to any of Beneficiary's rights to take and retain future sums, and without prejudice to any of its other rights under this Trust Deed. The trsnsfer and
<br />conveyance hereunder to Beneficiary 01 said rents, royalties, bonuses and delay moneys shall be construed to be a provision lor the payment or reduction 01 lhe
<br />debt, subject to the Beneficiary's option as hereinbefore provided, Independent or the lien on soid Trust Estats. Upon payment in full 01 the debt and the
<br />reco yance of this Trust D~;cord. this conveyance shall become Inoperative and of no further" force and effect
<br />e covenants contai~ hl$ T~u O,!ed shall be deemed to be severable; In the event that any portion of thl~ Trust Deed is determined to be void or
<br />a ~. at Ina I alldlty or Ihe remaining portions 01 the Trust Deed.
<br />
<br />
<br />Bernice
<br />
<br />STATE OF NEBRASK.A
<br />
<br />COUNTY OF HALL
<br />
<br />On lhi; 3rd day of May
<br />
<br />Bernice J. Niedfelt. unmarried
<br />to me known to be the person(s) named In and who e.ecuted the foregoing Acknowledgment and Trust Deed, and acknowledged
<br />lhet she e.ecut&d the same as her vOlun.tary act and deed, ,_ C' <:::::..
<br />
<br />(. ~ r>..t_,~~p, ~~
<br />~iJ 6. w. e
<br />(Type or print name undor signature I
<br />Nolary Public In and for said Counly and Slate
<br />
<br />)
<br />) ss
<br />)
<br />
<br />,A,O" 19 ~,betore me, a Nolary Public, personally appeared
<br />
<br />
<br />01989
<br />
<br />l 0
<br /> I-
<br />in z
<br />it: o.!) oc
<br />w .. ~
<br />Ol '.0
<br />:! r- oc
<br />:J a- 0
<br />z " w
<br />([ cj> Q
<br />~ ~
<br />:2 + ,.)
<br />"" w
<br />:2 a:
<br />it ;:; z
<br />.. w
<br />') ~
<br /> ~
<br />
|