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87-- 102204
<br />10. Trusloa, The Trustee may resign at any lima without cause. and Lender may at any time and without cause appoint A seccessor Of substitute TOM". Trustee
<br />shed ow be delete for any teas or damage unions due to actionable negligence or willful misconduct. and shall not be required to take any action in connection with the
<br />enfercement of Mts Deed of Trust unleae indemnified, in writing, for all coats, compensation or expenses which may be associated therewith. In addition, Trustee may
<br />boo n" a purchaser M any sale of the Property (judicial or under the power of solo granted herein); postpone the sale of all or any portion of the property, as provided by law;
<br />or f the Property as a whole. or In separate parcels or lots.
<br />11. PWUre Allnxwa. Upon request of Borrower, Lender may, at its option, make additional and future advances and readvances to Borrower. Such advances and
<br />readvances, with intarttst thereon. shall be Secured by this Deed of Trust. At no time shall the principal amount of the Indebtedness secured by this Deed of Trust, not In-
<br />cfudtngsums adveneedtoprotectthesecurityofthisDeedofTrust. exceedtheoriginalprincipalamountstatedherein ,ori.10- X3.875 ^Q0. — .whichever is
<br />greaw.
<br />t2. ANOaaNNWSWPtevielom
<br />(a) Nerretam NM R*Nmmed. Extension of the time for payment or modification of amortization of the sums secured by lhiS Dead 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 />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 Dead of Trust by reason of any demands made by the original Borrower and Borrower's successors in interest.
<br />(b) Lont *Pow*m Without affecting the liability of any other person liable for the payment of any obligation herein mentioned, and without affecting
<br />the hen or charge of this Deed of Trust upon any portion of the Property not then or theretofore released a , 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 alter any of the terms of any such obligations, (Iii)
<br />grant other indulgences, (Iv) release or reconvey, or cause to be released or reconveyed at any lime at Lender's options any parcel, portion or all of the Property.
<br />(v) takeor release any other or additionalsecurily forany obligation herein mentioned. or (vi) make compositions or other arrengements with debtorsin relation
<br />thereto.
<br />(c) FitrYearoar» by LaMarNMa WfNeer. Any forbearance by Lender in exercising any right ur remedy hereunder, or otherwise afforded by applicable
<br />taw. shall not boa waiver of or preclude the exercise of any such right or remedy The procurement of insurance or the payment of taxes or other liens or charges
<br />by Lender shall not be a waiver of Lender's right to accelerate the maturity of trio indebtedness secured by this Deed of Trust.
<br />(d) Succession and AaNyhs National: Joel and $~*I 1.1i"ly; Capgono. The covenants and agreements herein contained shall bind, and the rights
<br />herauflder shall Inure to, the respective successors and assigns of Lender and Borrower, subject to the provisions of paragraph it tot hereof. All covenants and
<br />agreements of Borrower shall be joint and several. The captions and headings of the paragraphs of this Dead of Trust are for convenience only and are not io be
<br />used to Interpret or define the provisions hereof
<br />(a) Mentioned Mr NONeaa. The parties hereby request that a copy 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 prescribed by applicable law Except for any other notice required under applicable
<br />law to be given in another manner, any notice provided for in this Deed of Trusl shall be given by mailing such notice by certified mad addressed to the other
<br />panels, at the address set forth above
<br />Any notice provided for in this Deed of Trust shall be deemed Io have been given to Borrower or Lender when given in Ito manner designated herein.
<br />(f) taapegon. Lender may make or cause to be made reasonable entries upon and Inspections of the Property, provided that Lender shall give Borrower
<br />notice prIa to any such inspection specifying reasonable cause therefor related to Lender's interest in the Property.
<br />(g) lRaeearoyMee. Upon payment of eft 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 />In) Pereek" Properly, Security AN/ N1Mnt. 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 a part of the real estate secured hereby, shall be
<br />subject to a 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 an die 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 Dead of Trust.
<br />(i) Seism. in the event that any provision of this Deed of Trust conflict with applicable law of are declared invalid or otherwise unenforceable. aueh
<br />conllict or invalidity shalt not affect the other provisions of this Dead of T ru3t or the Note which can be given effect without the conflicting provision, and to this
<br />and the provisions of the Deed of Trust and the Note are declared to be severable
<br />13. This Section 13 to be completed ONLY it the Property consists of agricultural real estate and is operative only it A or 6 is chocked. If applicable, complete
<br />EITHER A or 8:
<br />O A. NoauaYM. Borrower represents to Lender that no part of the Property has located upon n a dwelling house used by Borrower as a residence. Borrower
<br />further cevelnartla with Lender thel no dwelling house will be constructed or located upon the property.
<br />08 El0~ M 11a a! ad. Borrower hereby designates the property described In Exhibit B attached hereto and incorporated herein by this reference as the
<br />homestead only for purposes of Section 76 -1519 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 lollowmg manner
<br />(1) Borrower shall provide to Lender on appraisal of the Extubit B property and the remaining Property (both appraisals reflecting the redemption)
<br />prepared and submitted by a real estate appraiser licensed in the State of NebraskP which Lender may accept or reject;
<br />(21 It Lender rejects Borrower's appraisal. Lender shall submit an appraisal of the Exhibit B property and the remaining Property (both appraisals
<br />reflecting the redemption) prepared and submitted by a real estate appraiser licensed In the State of Nebraska which Borrower may accept or reject;
<br />13) It Borrower re:ects Lenders appraisal, the appraisers who have submitted appraisals shall select a third appraiser licensed in the State of
<br />Nebraska who shall prepare and submit an appraisal of the Exhibit B property and the remaining Property (both appraisals reflecting the redemption).
<br />These appraisals shall be binding upon Lender and Borrower lot purposes of establishing the redemption price or value of the Exhibit 8 property and
<br />the value of the remaining property for purposes of Section 76.1516 and following of the Revised Statutes of the State of Nebraska.
<br />In the event the sale or other disposition of the unredeemed portion of the Properly does not satisfy the indebtedness secured by this Deed of Trust, nothing
<br />contained in this Paragraph 13 shall constitute a warverol or Impair the Lenders rights under Sec 76- 1519of the Revised tutesol the State of Nebraska orotherwise.
<br />Borrower has executed this Deed of Trust the date written above
<br />vier
<br />STATE OF NEBRASKA )
<br />! es
<br />Hamiltofl--
<br />Gary Leece &
<br />C0UNTY0F_ _ -___ -- r
<br />April 87
<br />by Marlene Leec.e
<br />The foregoing Acknowledgement and Deed of Trust were acknowledged before me
<br />this day of _. _ . —_. 19
<br />_
<br />tst
<br />Public
<br />- . -�--
<br />I ss
<br />COUNTY OF .__...__.___.__ I
<br />The t okcknowledliseeou and Dead of Trust ware acknowledged before me
<br />the day of __ _. _.._ _._.._.. 19 _._____
<br />by
<br />.. ..._ ..... .__-.....,.._......... .. - ___....... of ....._ -__.. ._._ ..____ a .._.._.__...
<br />..._..____. _. __.__... _._. corporation, on
<br />behalf of the cOrpdratton .
<br />ar1A the Ack, t waa fitaned first
<br />Notary Pubhi,
<br />-
<br />gaTATls CIF 1 A {
<br />as
<br />ry CA - !
<br />.
<br />rho ar., l Ciexaf of T, 1 wetA A(Aft1 kulgerl hefu, me th,x .. day of '9
<br />_ by
<br />........_ _.. ....... ... pa�tfrfr ,ys. behAll 6f
<br />n na111 oixh,t -.
<br />Fa .,
<br />rwvd Mxt Ae-k _.. was ♦ 0-1 tine
<br />;' l t' r me
<br />
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