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102066 1 074 1
<br />10 . TnNha. The Trustee may resign at any time without Cause, and Lencinr may at anytime and without cause appoint It Successor or subatitula Tfush. Trustee
<br />.hall not tie liable for any foes or damage unless due to actionable negligence or willful misconduct, and shall not be required to take any action in connection with the
<br />enforcement of this Dead of Trust unless indemnified, in writing. for all coats, compensation or expenses which may be associated therewith. In addition, Trustee may
<br />bepoma a purchaaar at any sate of the Properly (judicial or under tha power of.alo granfad harain t, postpone the official all or any portion of the property, as provided bylaw,
<br />or sell the Property as a whole. or in separate parcels or lots.
<br />11, /there AAMIeae. Upon request of Borrower, Lender may+ at its option, make additional and future advances and readvances to Borrower. Such advances and
<br />readvances, with interest thereon, shah rte aecurad by this Deed el Trual At no time shall the principal amount of the indebtedness secured by this Dead 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 5---------- - - - - -_ , whichever is
<br />greater.
<br />12. PiwANOm.
<br />(a) 111srtore" Not Released. Extension of the time for payment or modification of amortization of the sums secured by this Deed of Trust granted by
<br />Lender to any successor in interest of Borrower shall not operate to release in any manner, the liability of the original Borrower and Borrower's successors in
<br />internal. Lander shall not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise modily amortisation
<br />of the sums secured by this Deed of Trust by iasson of any demands made by the original 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 lion or charge of this Dead of Trust upon any portion of the Proporly 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. (u) extend the maturity or alter any of the terms of any such obligations, (iii)
<br />grant other indulgences, py) release or reconvey, or cause to be released or reconveyed at any time at Lender's options any parcel, portion or all of the Property,
<br />(v) take or release any other or additional security for any obligation herein mentioned. or (vi) make compositions or ut hnr arrangements with debtors in relation
<br />thereto.
<br />(c) Ffx6aararem by Lender NOt o Walter. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded by applicable
<br />law, shall not be a waiver of or preclude the exercise of any such right or remedy. The procurement of i nsarance or the payment of taxes or other f iens or charges
<br />by Lender shall not be a waiver of Lender's right to accelerate the maturity of the indebtedness secured by this Dead of Trust.
<br />(d) Su000swn and A.atgnta Bound: Joint and Sewrat Llabaityt Captions. The covenants and agreements herein contained shall bind, and the rights
<br />hereunder shall more 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) Reguastfier Nolkp. The parties hereby request that a copy of any notice of default hereunder and a copy of any notice of safe hereunder be mailed to
<br />each party to this Deed of Trust at the address set forth above in the manner prescribed by applicable law. Except for any other notice required under applicable
<br />law to be given in another manner, any notice provided lot in this Deed of Trust shall be given by mailing such notice by cerliied mad addressed to the other
<br />parties, at the address set forth above
<br />Any notice provided for in this Dead of Trust shall be deemed to have been given to Borrower or Lender when given in the manner designated herein.
<br />(f) Inpeeaon. Lender may make or cause to be made reasonable entries upon and inspections of the Properly, provided that Lender shall give Borrower
<br />notice prior to any such inspection specifying reasonable cause therefor related to Lender's interest in the Property
<br />(gl Reeonleyance. Upon payment of all sums secured by this Deed of Trust, Lender shall request Trustee to reconvey the Property and shall surrender
<br />this Deed of Trust and all notes evidencing indebtedness secured by this Deed of Trust to Trustee Trustee shall reconvey the Property without warranty and
<br />without charge to the person or persons legally entitled thereto Such person or persons shall pay all costs of recordation, if any
<br />(h) Pariond Property. Security Agreement. As additional security for the payment of the Note all fixtures, equipment, and other personal property used
<br />in connection with the real estate or improvements located thereon. and not otherwise declared or deemed to be apart of the real estate secured hereby, shall be
<br />subject too security interest in favor of the Lender under the Nebraska Uniform Commercial Code This instrument shall be construed as a Security Agreement
<br />under said Code, and the Lender shall have all the rights and remedies of a secured party under said Code in addition to the rights and remedies created under
<br />and accorded the Lender pursuant to this Deed of Trust
<br />(f) SagriDtafy. In the event that any provision of this Deed of Trust conttict with applicable law or are declared invalid or otherwise unenforceable, Such
<br />conflict or invalidity shall not affect the other provisions of this Deed of Trust or the Note which can be given effect without the conflicting provision, and to this
<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 agr.cullural real estate and is operative only it A or 8 is checked. If applicable, complete
<br />9IT"M A or B: —�
<br />O A NotMStNd. Borrower represents to Lender ±tat no part of the Prnot•rty has iocan-d upon r, a Jweli;nq r=ouse usoa by Borrower as a residence Borrower
<br />further covenants with Lender that no dwelling house will be constructed or located upon the property
<br />❑ B ENCtlont of HameaNad. Borrower hereby designates the property described in Exh,b,l 8 attached hereto and incorporated herein by this reference as the
<br />homestead only for purposes of Section 76 -1514 of the Revised Statutes of the State of Nebraska In the event Borrower is entitled to and elects to make a partial redemption
<br />pursuant to said Section 76 -1519, the redemption price or value shall be determined by appraisal in the fouowmg manner
<br />(1) Borrower shall provide to Lender an appra ±sal of the Exhibit 8 property and the remaining Properly (both appraisals reflecting the redemption)
<br />prepared and submitted by a real estate appraiser l,Cen Sed ,n the Stare of Nebraska which Lender may accept or reject;
<br />(2) If Lender rejects Borrowers appraisal. Lender shall submit! an appra sa: ur the Fii'i. bit B property and the remaining Property (both appraisals
<br />reflecting the redemption) prepared and submme1 n a real estate appraiser licensed in the Stale of Nebraska which Borrower may acceptor reject;
<br />(3) If Borrower rejects Lender's appraisal the appraiser% who have suDnntfed appraisals shall select a third appraiser licensed in the State of
<br />Nebraska who shall prepare and submit an appraisai of The i. arnnr B picp eriy and the remaining Property (both appraisals reflecting the redemption)
<br />These appraisals shall be binding upon Lender and Borrower for pivposes of estab6sh,ng the redemption price or value of the Exhibit 8 property and
<br />the value of the remaining property for purposes of SecUCn 7F, 15 <.g an.^. Ioilow,ng of the Revised Statutes of the State of Nebraska.
<br />In the event the sale or other disposition of the unredeemea poibon of the Properly noes not Wo y the indebtedness secured by this Deed of Trust, nothing
<br />contained in this Paragraph 13 shall consunile a waiver of or impair the Lender s oghts a nds,Sw o: 75 i 519 of the Revised Statutes of the State of Nebraska or otherwise.
<br />Borrower has executed this Deed of Trust the date wralen above
<br />71
<br />c Hysband)
<br />e. ro wer
<br />,.� (Harold Rosenkotter )
<br />Borrower (Judith A.
<br />STATE OF NEBRASKA )
<br />Ss
<br />f'w 1 f r)
<br />Rosenkotter)
<br />COUNTY OF .._.— Hall 1
<br />Haro+.lddsr�s�..�.
<br />The foregoing Acknowledgement and Deed of Trust were acknowfed ore me this ,2,2__ day of
<br />__.1�fl�_emb J �s�
<br />�Ay by 4FMe
<br />and tin .Acknowledgement was signed f
<br />u C7 1 C Ct H . eC n K:O Lrt c r
<br />V" "RALIERT
<br />E* 09L M 1011
<br />�� H1��b3nd & Wife
<br />17 _ t .'S azZ, > ,C: - -- - - - -
<br />�a1R
<br />Notary Public
<br />STATE Of NEBRASKA
<br />I so
<br />COUNTY OF
<br />Trefforeg0ang Acknowledgement and Deed of Trust were acknowledged before me tt:o& ___ - day of _ _.___ . 19 _._.__. by __._. .._ -.. .
<br />of _____.._ _ ---- --- ._ ... _... .. a _. _ _ corporation, on behalf of the corpoielion,
<br />and the Acknow rent was signed first
<br />STATE; Of, NEBRASKA Notary Public
<br />1
<br />so
<br />The ittelificriog Acknowlndiloma it and O"d of Trial were nrknowledued botoro me u— 11r by
<br />Vartner on. hehatf "I n partite ah r
<br />seed tike Ackresawamtgemarat was signed final .
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