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87- 101489
<br />10. Truslse, The Trustee may resign at anytime without cause. and Lender may at any time and without cause appoint a successor or substitute Trustee. Trustee
<br />snail not be liable for any loss or damage unless due to actionable negligence or v iful misconduct, and shall not be required to take any action in connection with the
<br />antarcamerlt of this David of Tm g lion
<br />st unless indemnified, in writing, for all costs, compimea or expenses which may be associated therewith. in addition, Trustee may
<br />become* purchaser at any sale of the Property (judicial or under the power of safe granted herein): postpone the sere of all or any portion of the property, as provided by law;
<br />or sell I. Property as a whole, or in separate parcels or lots.
<br />11. future Advances. Upon request of Borrower, Lender may. at its option. make additional and future advances and readvances to Borrower. Such advances and
<br />rasdesem *s, wife ingest thereon, shalt be secured by this Deed of Trust. At no time shag the principal amount of the indebtedness secured by this Deed of Trust, not in-
<br />cluding sums advanced to protect the security of this Deed of Trust, exceed the original principal amount stated herein,or$ 15,000-00 ,whichever is
<br />gfmw.
<br />12. MNsosderrous Pro1rlsWns.
<br />(a) Buodwar Not Released. Extension of the time for payment or modification of amortization of the sums secured by this Deed of Treat grained by
<br />Lender to any successor in interest of Borrower shell not operate to release. in any manner. the liability of the original Borrower and Borrowers successors in
<br />interest - Lender shall not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify amortization
<br />of the sums secured by this Deed of Trust by reason of any demands made by the origmat Borrower and Borrower's successors in interest
<br />(b) Lenders Powers. Without affecting the liability of any other person liable for the payment of any obligation herein mentioned. and without affecting
<br />the hart or charge of this Deed of Trust upon any portion of the Property not then or theretofore released as security for the full amount of all unpaid obligations.
<br />- Lender may, from time to time and without notice (i) release any person so liable, (ii) extend the maturity or after any of the terms of any such obligations, (iii)
<br />p grant otherindulgences, (iv) release or re:onvey, orcause to be released or reconveyed at any time at Lender's options any parcel, portion craft of the Property,
<br />dill[ (v) take or release any other or additional securely for any obligation herein mentioned, Or— (TA) make compositions or other arrangements with debtors in relation
<br />Thereto,
<br />F-
<br />ic) Forbearance by Lender Not • waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded by applicable
<br />law -shall not be a waver of or preclude the exercise of any such right or remedy. The procurement of insurance Or the payment of taxes orother liens orcharges.
<br />- by Lender shall not be a waiver of Lenders right to accelerate the maturity of the indebtedness secured by this Deed of Trust.
<br />(d) Successors and A*Ngns Bound; Joint and Several Liabllify; Captions- The covenants and agreements herein contained shall bind, and the lights
<br />hereunder shall Inure to. the respective successors and assigns of Lender and Borrower. subject to the provisions of paragraph 8 (e) hereof. All covenants and
<br />agreements of Borrower shall be joint and several- The captions and headings of the paragraphs of this Deed of Trust are for convenience only and are not to be
<br />used to interpret or define the provisions hereof
<br />(e) Request for Nodes* The Parties hereby request that a copv of any notice of default hereunder and a copy of any notice of sale hereunder be mailed to
<br />each party to this Deed of Trust at the address set forth above in the manner Drescribed by appltcabfe law Except for any other nobcerequired underapahcabie
<br />law to be given in another manner, any notice provided for in this Deed O1 Trust shelf be given by mailing such notice by cerldied mail addressed to the other
<br />parties, at the address set forth above - Any notice provided for in this Deed of Trust shah be deemed to have been given TO Borrower or Lender when given in the manner designated herein. -
<br />- (f) inspection. Lender may make or cause to be made reasonable entries upon androspecbons of the Property, provided that Lender shelf give Borrower
<br />notice prior to any such inspection specifying reasonable cause therefor related to Lender's interest in the Property.
<br />(g) Reconseysims. Upon payment of all sums secured by this Deed of T -ust. Lender shelf request Trustee to reconvey the Prop" and Shan surrender
<br />this Deed of Trust and all notes evidencing indebtedness secured by this Deed Of Trust to Trustee Trustee shad reconvey the Property without warnerny and
<br />without charge to the person or persons legally entitled thereto. Such person or eaestal shun pay all costs of recordation, if any
<br />(h) PersorNi Property. Seeudly, Agreement As additional security for the payment of me Note all tortures. equipment. and other personal property used
<br />in connection with thereat estate or improvements located thereon, and not Otherwise deeLlved erdeented to be apart of the real estatesecu edhereby. shall be
<br />subject to a security interest in favor of the Lender under the Nebraska Uniform Comrrnerciar mode This instrument shall be construed as a SecurtryAgrairearg
<br />under said Code, and the Lender shall have all the rights and remedies of a secures party urger Said Cooe .o addition to the rights and remedies Clamed under
<br />and accorded the Lender pursuant to this Deed of Trust
<br />(i) Severibiefy. In the event that any provision of this Deed of Trust confilci wnrt applicabietaw or are oeclared invalid or otherwise unenforceable. 3ach
<br />conflict Or invalidity shall not affect the other provisions Of this Deed of Trust ortbe Note which can be given effect without the conflicting provision. and tO tells
<br />end the provisions of the Deed of Trust and the Note are declared to be severable
<br />13. This Section 13 to be completed ONLY If the Property consists of agrxuttutat real estate and is Operathie Only it A Or 8 is checked it applicable. com te
<br />ple i
<br />WHIM AorB - I
<br />I
<br />O A- Homoobmki Borrower represents to Lender that no Part of the Property has IOCated upon it a dwelling house used by Borrower as a reside. BprrbMRl
<br />ftndyf Covenants with Leader that no dwelling house will be constructed Or located upon the property _
<br />❑ B. Election W NonyslesQ Borrower hereby designates the property described in Exhibit B attached hereto and Incorporated herein. by the retere+hCe as the I
<br />homalmd"for purposes of Section 76 -1519 of the Revised Statutes of the State of Nebraska In the event Borrowat is entoled to and elects to make a partilt redernpbon 1
<br />Pursuant to said Section 76 -1519. the redemption puce or value shall be determined by appraisal .n the foftow.ng manner -
<br />III Borrower snail provide to Lender an appraisal of the Exhibit Sprpperry aril the remaining Property (both appraisals reflecting the redempfton)
<br />prepared and submitted by a real estate appraiser hcansed in line State of Nebraska which Lender may accept or reject;
<br />(21 It Lender reects Borrower's apprai sal. Ler✓-7ai shall submit art aDprarsai of the Exhibd B property and the remaining Pt
<br />operty (t?oLt appra+sals
<br />reflect Ing the redemption) prepared and submitted by a real estate appraiser licensed to the State of Nebraska which Borrower may accepiorrejecC
<br />M It Borrower rejects Lenders appraisal, tire a0iinusers who have submitted appraisais snarl select a third appraiser licensed in the State of #
<br />Nebraska vino shag prepare and submit an appraisalof the Exh,b,t S property and the remaining Prop"Jboth apprarsatsrafltmgtheredampticm). ;
<br />These appraisals shall be binding upon Lender and Borrower for purposes of establishing the redamPhon Phce Or value of the Exhibit B Properly and
<br />the value of the remaining property for purposes of Section 76 -1518 and follow— of the Revised Statutes of the State of Nebraska-
<br />In tlhe event the sate or other disposition of the unredeemed portion of the Property does not satisfy ilia indebtedness secured by thus Deed of Trust nothing
<br />Gorhllirhed m this Pstegraph 13 shall constitute a waiver of or Impair the Lender rights under Section 76 -1519 of the Revised Statutes of the State of Nenraska,,Whavwrsa
<br />STATE OF NEBRASKA
<br />�a
<br />(fig P. BueLttner) BOtFO"'ei
<br />(Ruth S. BuettTief Borrower
<br />I ss
<br />COuNTyoF Hall -- -__ —_ -- tS
<br />5uettner n 9e t e Deed of Trust were acknowledged before me ihls � day o3 t et3ruarV__ , 19 87 , by Eugene P
<br />he' 4w"�. Lied` new
<br />++d1MAdcriortsdQen+ant first.
<br />STATE OF NEBRASKA W#ftA ft &L a _ Notary Putiic
<br />I ss.
<br />COUNTY OF
<br />The foregoing Acknowfedgentenr and Deed of Trust were acknowledged before me this _—day of ____._. _..__ 19 ___ by
<br />of .- -.-- - --- - - - - -- a — _ --- _ cOrporatiOn, pen behalf o! Ilia cOrpprehon
<br />and dM Acknovifsdgenym was signed first. — _-
<br />STATE OF NEBRASKA i Notary Public
<br />! ss
<br />COUNTY OF .,_,.. .. -.... i
<br />The foregoing AcknOwteagamenl and Deed Of 1 rust wart ecknowiedoed before me this day of -
<br />_.._._,.... .... _ _ -. ... .. Panne, In behalf o1 .
<br />Parintrship
<br />and try ACarwwredgenwr+It war algnwl fi 1
<br />14eL-yha111141, Ni Ip,- `art-;:,
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