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<br />10-07-11188 <br />Laen No 5870 <br /> <br />DEED OF TRUST <br />(Conllnued) <br /> <br />88- 105575 <br /> <br />Psge 3 <br /> <br />All such expensos, a1 Londn optlon, will (a) be payable on domand, (b) be addod to tho balance of tho Nolo and be apportioned among and be <br />payablo wtlh any Installmont paymontn 10 bocome duo during ollhor (I) tho term of any applicable Insurance policy or (II) the romaJnlng tom1 01111e <br />Noto, or (e) bG treatod as 8 balloon payment which will be dUB Bnd payable at the Noto's maturity. This Deed 01 Trust also will secure paymant 0" <br />thOSe .rnounts. The nghl!\ provldod for In this paragraph shall be In addition to any other rights or Ilny remedies to whIch Lender may be entltktd on <br />account orlho ckI1nuh. Any such action by Londor shall nol be construed as curing tho default so as 10 bar Londor from any remedy that It otherwise <br />would have had. <br />WARRANTY: DEFENSE OF TrnE. The followln[l provisions rotating to ownership 01 tho Property are 0 plll1 of Ihls Cocd of Trust. <br />T1U.. Grantor warrants thai (a) Grantor holds good Bnd marketable title 01 record to the Property In foo slmplo, freo and claar 01 aJlllens and <br />encumbrances other than those set for1h In tho existing Indebtednoss soetlon below or In any polley 01 title Insurance Issued In favor of or In any <br />tIUo opInion glvon 10, and accepted bV, Londor In connection with this Deed of Trust and (b) Grantor has the full right, power, and aulhority to <br />execute and deliver this Deed of Trus1 to Lender. <br />Defense of nUe, Subject to the exception In the paragraph above, Granlor warrants and wlll forever defend the title to the Property against the <br />lawful claims of all persons. In the evenl any action or procoedlng Is commenced that questions Grantor's tills or lho Interest of Trustee or Londsr <br />under this Doed or Trust, Grantor shall defend the action at Grantor's expense. Grantor may be the nominal party In such proceeding, but Lander <br />shall be entitled to pBrtJclpBte in the procoodlng and to be represented In the proceeding by counsel of its own choice, and Grantor will dellver, or <br />cause to be dellvorod, to Londor such Instruments as may be roquosled by Utrom time to time 10 p~rmlt such participation. <br />Compliance With Laws. Grantor warrants thai Its use 01 the Property complies with all existing appllcable laws, ordInances, and regulallons 01 <br />governmenlal authorities. <br />EXISTING INDEBTEDNESS, The following provisions concerning existing Indebtedness are e part ollhls Deed 01 Trust <br />ExlsUng Uen. The lien of this Deed 01 Trus1 securing the Indebtedness may be secondary and Inferior to the lien securing paymen1 01 an oxlstlng <br />obligation with an account number of NA to The Equitable Building and Loan Association. The existing obligation has a current principal balance <br />of ~~roximal~, $8,234.00 and is in the original principal amount of $14,400.00. The obligation has the following payment terms: Monthly <br />paymenl9 of $207.99. Grantor expressly covenants and agrees to pay, or see to the payment of, the existing Indebtedness and to provent any <br />default thereunder. <br />Default If the payment of any Installment 01 principal or any interest on the existing Indebtedness Is not made within the time requlmd bV the note <br />evidencing such Indebtedn~, or should a dalault occur under the instrument securing such Indebtedness and not be cured during any <br />applicable grace perted thamln, then the Indebtedness secured by this Deed 01 Trust shall, atlhe option of Lender, become ImmedIately due and <br />payable, and Ihls Doed of Trust shall be In default. <br />No ModIftcaUon. Grantor shall not enler Into any agreement with lhe holder 01 any mongage, deed of trust, or other security agreement whIch <br />has pnority over this Deed of Trust by which that agroemenl Is modil1ed, amended, extended, ar ronewed without the prior wrInen consent of <br />Lender. Grantor shall neithor request nor accepl any luture advances under any such security agroement wlthoul the prior wrinen consent of <br />Lander. <br />CONDEMNAT10N. The following provisIons relating 10 proceedings In condemnation are a part ollhls Doed 01 Trust. <br />Application of Nat Proceed.. II all or any part 01 the Property Is condemned. ~nder may at lis elecllon require that all or any portion of the net <br />proceeds of the sward be applied 10 the Indebtedness, The net proceeds of the award shall moan Iho award anor payment 01 all reasonable <br />costs, expenses, and anorneys' 10es necessarily paid or incurred by Grantor, Trustee, or Lender In connection wllh the condemnation. <br />Proceedings. If any procooding In condemnation Is filed, Granlor shall promptly notify Lendor In writing, and Grantor shall promptly lake such <br />sleps as may be n9C8SSary to defend the action and obtaIn the award. Granlor may be the nominal party In such proceeding, but Lender shall be <br />entitled 10 partlclpate In the proceeding and to be represented In the proceeding by counsel at Its own choice, and Grantor will deliver or cause to <br />be delIvered, 10 Lander such Instruments as may be requested by II ham time to time to pennll such participation. <br />IMPOSmON OF TAXES BY GOVERNMENTAL AlmIORfTlES. The following provisIons relating to 1axes are a pan of this Oe.:;~ ~f Trust <br />Taxe. Covered. The fonowlng shall constitute taxes to which this secllon applies: (a) a specific tax upon thIs type or Deed or Trust or upon all or <br />any pert or lho Indebtednoss socurod by this Doed of Trust: (b) a specific tax on Borrower which Borrower Is aulhortzod or required to deducl <br />from payments on 1he Indebtedness secured by this type 01 Deed 01 Trust; (c) a tax on Ihls type 01 Deed 01 Trust chargeable against the Lender <br />or the holder 01 the NOle: and (d) a specific tax on all or any portion of the Indebtedness or on payments of principal and Interest made by <br />Borrower. <br />Remedies. II any lax to which this section applies Is enacted subsequent to the dale of this Deed 01 Trust, 1hls evenl shall have the same effec1 as <br />an Evant 01 Oall!Wlt, and Lender may e)Cerclse any or all 01 Its available remedies for an Event 01 Default as provided below unless Grantor either <br />(a) pays the tax before II bocames delinquent, or (b) contests the tax as provided above in the Taxes and Uens section and deposils with Lendor <br />cash or a suffident corporate surety bond or other security satis1actory to Lender. <br />SECURITY AGREEMEHTj FINANCING STATEMENTS. The following provisIons reiatlng to this Deed of Trust as a security agreement are a pan of <br />1his Deed 01 Trust <br />Security Agreement This Instrument shall constitute a security agreement to Ihe extent any of tho Property constitutes fixtures or other personal <br />property, and Lender shall have all or the rights 01 a secured party under the Nebraska Unl10rm Commercial Code. <br />Security IntoreaL Upon request by Lander, Grantor shall iJXecute financing stalements and take whatever olher actIon Is requested by Londor to <br />perfect and continue Lender's security Interost In the Rents and Personal Property. In addition to recording this Deed 01 Truslln the real property <br />records, Lander may, at 8/'ly time and without further aulhorization Irom Grantor, file caples or reproductions 01 this Deed 01 Trust as a financing <br />stat9lTlOnt Grantor shall reimburse Lander lor all oxpenses Incurred In per1ectlng or continuing this security Inlerest. Upon defaull, Granlor shall <br />BSS8mble the Personal Property In a manner and al a place reasonably convenient to Granlor and Lender and make it available 10 Lender within <br />ttlree (3) days aher receipt of wrInen demand Irom Lender. <br />Addreaaes. The mailing address 01 Grantor (debtor) and the mailing address of Lender (secured pany) lrom which Information concerning the <br />56CUrtty Interest granted by this Deed 01 Trust may be obtained (each as required by the Nebraska Unilorm Corrvnercial Code) are as stated on <br />the first page at this Deed 01 Trust <br />FURTHER ASSURANCES; A1TORNEY-IN-FACT. The lollowing provisions relating to further assurances are a part of this Deed of Trust <br />Further Aaaurancu. At any time, and from time to time, upon request of Lender, Grantor will make, execute and deliver, or will cause to be <br />made, executed or deflv8fod, to Lender or to Lender'5 designee, and when requestod by lSnder, cause 10 be filed, rocordod, rofilod, or <br />rerecorded. a9 lhe case may be. III such times and In such offices and places as Lender may deem appropriate, any Bnd all such mortgages, <br />deeds 01 trust, 98CUrtty deeds, securtty agreements, financing statorrents, continuation statements, instruments 01 rurther assurance, cenlficetBs, <br />and other documents as may, in the oole opinion 01 Lender, be necessary or desirable In order to enectuale, complete, perfect, continue, or <br /> <br />L <br /> <br />~ <br />