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<br />88- 10429€
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<br />Feeo 5011
<br />Page 2 01 2
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<br />(c) The repayment In full by Tru.tor(.) of all amount. advanced by Beneficiary, at It. option, to or on behall 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 lull of any ond all other past, present or future, direct or contingent, debts and liabilities 01 Trustor(s) to Beneficiary 01 any
<br />nature whatsoever.
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<br />This Trust Deed will be due April 1, 1998 or upon the payment In lull 01 all sums secured hereby,
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<br />Truator(s) heraby warrant that they hold fee simple title to the above described property. that they have good snd lawful authority to deed and encumber'hoeame,
<br />thai said property Is free and clear oJ sllllens and encumbrancec. except encumbrances of record. and that they will warrant and defend said property against all
<br />claimants whomsoBver. Trustor(s) also hereby waive and relinquish all rights of dower, homestead. distributive share and exemption In and lathe above described
<br />property.
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<br />Trullor(l) and .ech 01 them furtt.., COY.nllnt and agrN wtth BenefJelI" .. folio..:
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<br />(1) To pay all liens, judgments or other assessments against said Trust Estate, and to pay when duealltaxes. rents. fees or charges upon said Trust Estate or under
<br />any lease. permit. license or privilege 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 satlstactlon of Beneficiary. Such
<br />Insurance shall beep proved by and deposited with Beneficiary, and endoned with loss thereunder payable to Beneficiary. Any sums 80 received by Beneficiary may
<br />be used to pay tor reconstruction of the destroyed Improvements or If not so applied may. at the option of Beneficiary. be applied In payment at 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 liar permit any acts of waste or any Impairment of the value 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(s).
<br />(4) In the event Trustor(s) fall to pay any liens, judgments, assessments, loxes, rents, fees or charges or molntaln any Insurance on the property, buildings, fixtures
<br />or Improvementll8s provided herein or in the loan agreement(s), Beneficiary may, at its option. make such payments or provide Insurance, maintenance or repairs
<br />and any amounts paid therefor shsll become part of the prIncipal indebtedness secured 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 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 event Beneflciery Is a party to any litigation affecting the security or the lien of this Trust Deed, Including any action by Beneficiary toantoreethis Trust
<br />Deed or any suit In which Beneficiary Is named a defendsnt (including condemnation and bankruptcy proceedings) Beneficiary may incur expenses and advance
<br />payments 'or abstract fees. attorneys fees (except to the extent prohibited by law~. costs, expenses, appraisal fees and otherchargusand any amounts so advanced
<br />shall become pan of 1he principal Indebtedness secured hereby, be Immediately due and payable and bear Interest as provided In the loan agreemen1(s).
<br />(6) Any awards made to TruBtor(sl or their successors by the exercise of eminent domain are hereby assigned to Beneficiary; and Beneficiary Is hereby suthorized
<br />10 collect and apply Ihe 5sme In payment at any indebtedness. matured or unmatured. secured by this Trust Deed.
<br />(7) In the event Trustor(s) derault in the payment when due of any sums secured hereby (principal. interest. advancements, or protective advances), or fall to
<br />perform or observe any covenants and conditions contained herein. in the note(s). loan agreement(s). or any other Instruments. orany proceeding Is brought byor
<br />against Trustor(s) underanv Bnnkruptcy laws. Beneficiary may, at Its option. declare the entire indebtedness secured hereby to be Immediately due and payable and
<br />bear interest at the default rate as provided In tha note(s) or loan agreement(s) and Beneficiary may immediately authorize Trustee to exercise the Power of 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 the manner provided by
<br />law for the foreclosure of mortgages on real propeny, Including the appointment of a Receiver upon ex pane application, notice being hereby 8,.;pr8ssly waived,
<br />wilhout regard to the value 01 the property or the sulflclency thereol to discharge the indebtedness secured hereby or in the loan agreemenl(s). Delay by Beneficiary
<br />in exercising Its rights upon default shall not be construed as a waiver thereof and any act of Beneficiary waiving any specific default shall not be construed as a
<br />waiver of any future defaull. If 1he proceeds under such salsor foreclosure are insufflcient to pay the total indebtedness secured hereby. Truslorls) do hereby agree
<br />to be personally bound to pay the unpaid balance, and Benaficlary shall be entitled to a deficiency judgment.
<br />(8) Should Beneficiary elect to exercise 1he Power ot Sale granted herein, Beneficiary shall notify Trustee who shall record, publish and deliver to Trustor(s) such
<br />Nollce of Default and Notice of Sale as then required by law and shall in the manner provided by law sell the Trust Estate at the time and place 01 aale fheed In the
<br />Notice of Sale, either 81S a whole or In separate lots, parcels or Items and In such order as Trustee shall deem e,.;pedlent. Any person may bid al the sale Including
<br />Trustor(s), Trustee or Beneficiary.
<br />(9) Trustor(s) hereby request a copy of any Notice of Default or Notice of Sale hereunder to ba mailed to them at theaddress(es) set forth herein by certified mall
<br />(10) Upon default, Beneficiary, either in person or by agent, with or without bringing any action or proceeding and with or withoul regard to the value of the
<br />propeny or the sufficiency thereof to discharge the indebtedness secured hereby, Is authorized and entitled to enter upon and take possession at Ihe Trult Ea1ateln
<br />its own name or in the name of the Trustee and do any BctS orexpend Bny sums II deems necessary or desirable to protecl or preserve the value of the Trust Eltate or
<br />any Interest therein. or Increase the income therefrom; and with or without taking possession of 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 lSecured hereby or In the loan
<br />agreement(s).
<br />No remedy herein conferred upon or reserved to Trusteeor Beneficiary Is intended 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 statute, end may be
<br />e,.;erclsed concurrently, independently or successively.
<br />(11) Trustor(s) acknowledge that the duties and obligations of Trustee shall be determined solely by the express provisions of IhllS Trust Deed or the Nebraska
<br />Trust Deeds Act and Trustee shall not be liable except tor the performance 01 such duties and obligations as are specifically set 10r1h therein, end no implied
<br />covenants or obllgatons shall be imposed upon Trustes; Truslee shall not be liable tor any acUon taken by it in good 'alth and reasonably believed by it to be
<br />authorized or within the discretion or rights 01 powers conferred upon It by this Trust Deed or stale law.
<br />(12) The Integrity and responSibility of Trus1or(s) constitutes a pan of 1he conSideration for the obligations secured hereby. Should Truslor(s) sell, lransfer or
<br />convey the property described herein. Without prior wrltlen consent at Beneficiary, Benetlciary may, at lis option, declare the entire indebtedness immediately due
<br />and payable and may proceed In the enforcemenl ot lis rights as on any other default.
<br />(13) Assignment of Rents including Proceeds 01 Minerai Lease. Trustorls) hereby transfer, set over and convey to Beneficiary all renls, royalties, bonuses and
<br />delay moneys that may from Umeto time b8cornedueand payable under any real estate lease or under any all, gas or other minerai lease of any kind nowe,.;lsllng or
<br />that may hereafter come Inlo existence, coveflng the above Trust Estate or any part thereof. All such sums so received by BeneficlDry IShall be applied to the
<br />indebtedness secured hereby; or said BeneUciary may. a1 its opllon, turn over and deliver to Trustor(s) or their successors in Interest, ony or all of such sums without
<br />prejudice to any of Beneficiary's rights to take and re:aln future sums, and without prejudice to ony of Its other rights under this Trust Deed. The transfer and
<br />,::onveyance hereunder to Beneficiary of auld rents, royalties. bonuses and delay moneys shall be construed to be a provision for the payment or reduction of the
<br />debt, subject to the Beneflciary's option as hereinbefore provided, independent of the lien on said Trust Estate. Upon payment in rull of the debt and the
<br />reconveyance ot this Trusl Deed 01 record. this conveyance shall become inoperative and 01 no further force and effect.
<br />(14 The covenanls contained In this Trust Deed shall be deemed to be severable; In the event that any portion of this Trust Deed is delermined to be void or
<br />un orce Ie, that determination shall not affect the validity of the remaining portions at the Trust Deed.
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<br />I%~~d; &:.~'l-J
<br />Caroline L. E99~YS~
<br />~:tijQ//"'\) ~ ~ /Z.(...<)
<br />Kathleen A. Eggers
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<br />STATE OF NEBRASKA )
<br />) ss
<br />COUNTY OF Hall )
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<br />On thls..:zq da~of E Je.< I~ ,AD., 19~, beIDre mea a Notary Public, personally appeared
<br />-vTed D. gger and Kathleen A. Eggers, husband anu wite an
<br />Delmar R. Eqqers and Caroline L. Eqqers. husband and wife
<br />to me known to be the person(s) named In and who executed the foregoing Acknowledgment and Trust Deed, and scknowledged
<br />that they executed the same as the i r VOluntary act and deed.
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<br />BEUl ___ II lIRa.
<br />IIANDRA.. IWIIHIY
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