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87-104486
<br />Payable On demand shall be deemed, for purposes of this Trust
<br />Deed and for purposes of this Paragraph 16, payable in full for
<br />all purposes including reinstatement);
<br />(b) the costs and expenses actually incurred by Leader in enforcing
<br />the terms of this Trust Deed, including reasonable attorney
<br />fees, recording costs and title evidence costs; and
<br />(c) the Trustee's fees actually incurred not exceeding in the
<br />aggregate $50.00 or one-half of 1% of the entire then unpaid
<br />principal balance, whichever is greater
<br />and shall promptly cure all other Events of Default then existing under the terms of
<br />this Trust Deed, all proceedings theretofore instituted shall he dismissed and dis-
<br />continued, this Trust Deed shall be reinstated and shall be and remain in force and
<br />effect as if no acceleration had occurred. Nothing contained herein shall impose
<br />upon Lender a duty or obligation to transmit to, or provide Trustor a copy of the
<br />notice of default beyond or in addition to that duty or obligation provided by appli-
<br />cable law, if any.
<br />17. Assignment of Rents Lender in Possession. As
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<br />_Aeceiver-_
<br />additional security hereunder, Trustor hereby assigns to Leader the rents of the
<br />Property, provided however that Trustor shall, prior to acceleration of the maturity
<br />of the Indebtedness or Trustor's abandonment of the Property, have the right to
<br />collect and retain such rents as they become due and payable.
<br />Upon acceleration of the maturity of the Indebtedness or abandonment of the
<br />Property, Lender, in person, by agent or by judicially appointed receiver, shall be
<br />entitled to enter upon, to take possession of and manage the Property and collect the
<br />rents of the Property including those past due. All rents collected by Leader or the
<br />receiver shall be applied first to payment of the cost of management of the Property
<br />and collection of rents, including, but not limited to, receiver's fees, preniuma on
<br />receiver's bonds and attorney fees, and then to Indebtedness secured by this Trust
<br />Deed. Lender and the receiver shall be liable to account only for those rents actu-
<br />ally collected and shall, in no event, he liable or accountable for a failure to
<br />procure tenants, to collect rents, to prosecute actions to recover possession of
<br />property or otherwise for any negligence or mismanagement.
<br />18. Future Advances. ' ' - Upon request of Trustor or Borrowers, Lender, at
<br />Lender's option, prior to full reconveyance of the Property by Trustee to Trustor,
<br />may make future advances to Borrowers or to Trustor. Such future advances, with
<br />interest thereon, shall be secured by this Trust Deed. At no time shall the secured
<br />optional future advances, not including principal. sums advanced to protect the
<br />security, exceed the total sum of $500,000,00. Advances or disbursements made by
<br />Lender to protect the security, even though the mime, under the terms hereof, are
<br />discretionary, shall not be deemed to be optional future advances.
<br />19. Reconveynnc�
<br />e. Upon payment of all Indebtedness secured by this Trust.
<br />Deed, Lender shall request Trustee to reconvey the Property and shall surrender this
<br />Trust Deed and all notes evidencing indebtedness secured by this Trust Deed to
<br />Trustee. Trustee shall reconvey the Property without warranty and without charge to
<br />the person or persons legally entitled thereto. Such person or persons shall pay all
<br />costs of recordation, if any,
<br />20. S - ubstitute Trustee. Lender, at its option, may from time to time
<br />remove Trustee i`adi_ppoi_nF_aSuccessor Trustee to any Trustee appointed hereunder by
<br />an instrument recorded in the county in which this Trust Deed is recorded. Without
<br />conveyance of the Property, the Successor Trustee shall succeed to all title, power
<br />and duties conferred upon Trustee herein and by applicable law.
<br />21. Abandoned Personal Property. Any personal property remaining upon the
<br />Property after the Property has been possessed or occupied by Lender, its agent or
<br />any purchaser following Trustee's sale, foreclosure, or under any deed in lieu Of
<br />Trustee's sale or foreclosure, shall be conclusively presumed to have been abandoned
<br />by Trustor.
<br />22. Other Encumbrance. Trustor warrants and covenants that the Property
<br />hereby to a Trust Deed in favor of Lender, recorded on
<br />January 3, 1984 in the records of the Register of Deeds of Hall County, Nebraska as
<br />Instrument No. 84-000002. Trustor further covenants and agrees to discharge such
<br />Trust Deed in accordance with Its terms and hereby agrees that any default under such
<br />Trust Deed constitute$ an Event of Default under this Trust Deed.
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