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FCM0 4011
<br />87-104 go Aage20f2
<br />(c) The repayment In full by Trustor(s) of all amounts advanced by Beneficiary, at Its option, to or on behalf of Trustor(s) as protective
<br />advances authorized herein, In the loan agreement(s), or in other Instrument($) which may be given to evidence such advances, plus Interest
<br />on all such advances, payable " provided in the note(s), loan agreement(s) or otter Instrument(s).
<br />(d) The payment In full of any and all other peat, present or future, direct or contingent, debts and Ilabllille$ of Trustor(s) to l9efeliclery of
<br />any nature whatsoever,
<br />This Trust peed will be due . tSarch 1048 or upon the payment In full of all sums secured hereby,
<br />Trualor(e) MtebywemntfMl they hold fee akftpte iltleto tMabow described property, that" Mvo good and lawful authority todeed and eloumber eke sans,
<br />that sad property is free and clear of NI hate and encumbrances, except encumbrances of record, and that they will warrant and defend said property against all
<br />claimants whomacever. Trustals) SIN hereby will" and relinquish all tights of doter, homestead, distributive afters and exemption M and to the strove described
<br />ProPa1y
<br />Trusser") end am* of Mere ifesior oetunett and serve wren Beneaslory ee teastra:
<br />(1) To pay all { ism, judgments or other aesewments against sold Trust Estate, and to pay when due all taxes, ( onto, tess or charges upon Said That Estate or under
<br />any Iowa, permit. license or privilege assigned to ®/nNNkl9ry w additional security to this Trust Greed, Including those on public chalet.
<br />(2) To insure and kept insured buildingµ and otter imprdvensma now on or here fter Wooed on said Trust Eatete to the saMfsc0on of Beneficiary, Such
<br />inwrwm atoll beepproved byand deported with Beneficiary, and endorsed with loss thereunderp ryable toBeneltolery. Arty Wme so rocelved by BanMbNry may
<br />be used to pay for tecoenstruetion of the destroyed improvementsor If not so applled may, at the option of the Beneficiary, b@ applNtl M payment ot anykMbtedness
<br />matured or unmaund secured by this True Deed.
<br />(3) To keel ail butWngs, fixtures and other Imprwremells now on or hereafter placed on sold Trust Estate occupied and In good repair, rneknentence and
<br />condition and te nether commit nor permit any ace of west@ or any Impairment of the value of the Trust Estate. 8"Icli ry may enter upon the Trust Ease to
<br />int if " the saute of 10 perform any she authorized heroin or In the ben agreement.
<br />(4) In this event Truslorts) fall to pay any Ikons, judgments. assolsomeft, taxes, rents, florts or charges or maintain any Insurance on the property, buildings, fixtures
<br />or improvements as provided herein or M the ban agreemonl(e), Beneficiary may, At Its option. mace such payments or provide insurance, mantenande or rapture
<br />and any amounts pad therefor shelf become part of the principal Indebtedness secured hereby, be Immediately des and payable and bow maven from tits dote of
<br />paym@M es provided M the noW s) or loan agreatsM(e). The ad"nortment by Beneficiary of arty such amounts Malt M no manner limit the right of Beneficiary to
<br />declare Tnntor(s) Ind~ or exercise any of bo elblory's other rights and rwmtodles.
<br />(S) In the event Beneficiary is a party to any litigation affiWing the security or the lion of this Trust Deed, Including any action by Beneficiary to larlot thisTrual
<br />Deed or any suit m~ Beneficiary is named a defatdent (including condemnation and bankruptcy proceedings) Beneficiary "my incur eiponese and advance
<br />psymentsforaestrow fees, atorneysffies (except to the extent prohibited bylaw), torte, expenses. appraisal law and oteercarges and any amounts so advanced
<br />shat became pat of the principal IndMteMtess secured herby, be immediately dice and payable and bear Interest es provided M the loan agresment(s).
<br />(a) Any awards maeetoTrustor( s) or their successors by the exercise of eminent domain are hereby assigned to Beneficiary. and Beneficiary is hereby authorized
<br />to collect and apply the some in payment of any Indebtednw, matured or unmetuned, secured by this Trust Deed.
<br />(7) In the event Trustorls) default in the payment when due of any sums secured hereby (principal, interest, advancements, or protective adeno"), or fail to
<br />perform or observe any covenants and conditions contained herein, in the note(s), loan agreement(s), or any other Instruments or any proceeding is brought by or
<br />agairist Trustor(s) underany Bankruptcy laws, Beneficiary may, at Itaoption. declaretheirntirs indebtedness secured herrollyto beirnmedistrily cluesincl pay"and
<br />beer interest at the default rate as provided in the note(is) or loan agrosment(s) and Beneficiary may Immediately authorize Trustee to exercise the Porter of Selo
<br />granted herein in the manner provided in the Nebrako Trust Deeds Act. or. at the option of the Beneficiary, tray loncooe the Trust Deed n the manner provided by
<br />law for the foreclosure of mortgages on reel property, including the appointment of a Receiver upon ex forts application. notice be" hereby expressly waved,
<br />without regard to the velue of the properlyathaeu iciency thereofto discharge the Indebtedness secured herby or In the bat agreement(*). Deloy by Beneficiary
<br />in exercising Its rights upon default Mall not be construed as a waiver thereof and any act of Beneficiary waiving any specific default shell not be construed as a
<br />waiver of any future default. If the proceeds under such sale or foreclosureare insufficient to pay the total Indebtedness herby secured. Trustor(s) do hereby agree
<br />to be personalty bound to pay the unpaid balance, and Beneficiary shall be entitled to a deficiency judgment.
<br />(a) Should Bonstkiary elect to exercise the Power of Sale granted herein, Beneficiary Shelf notify the Trusses who Mall record. publish and deliver to Trustor(s)
<br />such Notice of Default and Notice of Salves then required bylaw and shall in the manner provided bylaw sal the True Eslatea the time and pfab/ J,' sake fixed in the
<br />Notice of Sae, either es o whoa or In separate Iota, parcels or Items end in such order as the Truateeshoa nevi expedient. Any person may bid at the sale Including
<br />Trustor(s), Trustee or Beneficiary.
<br />(9) Trustor( s) herebyreguestscopyofanyNoticeof DefaultorNotice ofSale hereundert obemailedtothemMieaddnes (es)setformhereinbycerttiedmail.
<br />(10) Upon default, Beneficiary, either in person or by agent, with or without bringing any action or proceeding and with or without regard to the value of the
<br />property or me sufficiency thereof to discharge the Indebtedness secured herby, is authorized and entitled to enter upon and take possession of the Trout Estate in
<br />its own name or in the name of the Tru M* and do any aefa or expend any sums it deems necessary or desirable to protect or preserve the value of the Trust Estate or
<br />any interest theram. or increase the Inane therefrom; and with or without taking poresaon of the Trust! Estate is authorized to sue for or otherwise collect the rents.
<br />issues, crops, profits and intone thereof, including those pool due and unpaid, end apply the same upon any indebtedness secured hereby or in the loan
<br />agreenent(s).
<br />No remedy heroin cantered upon orreeerved to Trustee or Beneficiary s marrtded to be exclusive of a y offer remedy herein or by low provided or pormtted,
<br />but @acts ast be cumulative, Mal be in addition to every other remedy given hereunder or now or MroefM existing at law or in putty or by statute, and may be
<br />exercised concurrently. inflopendantA' or may.
<br />(11) Truaor(s) a toefedpe that the duties and obligations of Trustee shell be determined so" by the express provisions of this Trust Deed or the Nebraska
<br />Trust Deeds Act and Trustee rill not be liable except for the performance of such duties end obligations as are specifically set form therein, and no Implied
<br />covenants, or obligators shell be imposed upon Trustee; Trustee shall not be lobe for any action taken by It in good faith and reafoabiy, bet' - by It to be
<br />authorised or within the discretion or rights of powers conleffed upon It by this Trust Deed or state law.
<br />(12) The mle" and responsibility ofthe Tnmoor(s) continues apart of the consideration br the obligations secured herby. Should Trustor(s) sell, transfer or
<br />convey the property described hereon. without prior written consent of Beneficiary. Beneficiary may. at Its option. declare theentirs indebtedness immediately due
<br />and payable and may proceed in the enforcement of he to% as on any other default.
<br />(13) /uNgrmnent of flwmb rrnGUding Proceeds of Mirteral Leese. Trustfr a) hereby transfer, set over and convey to Beneficiary all rents, royalit". bonuses and
<br />delay moneys that raytrom tires d line become dusand payebh under airy real ewte lepe or wndw any oil, gas or other mineral low otany kind now @xloting or
<br />that may heeefter nonce into existence. cow" the bow Trim Estate or any pat thereof. AN Such sums so neorlvee by BesaofMr elea be applied to the
<br />indebtednees secured herby; or sad Beneficiary may. a Its option. tum over and deliver to the Trustor(s) or their Successors in Interest. any or all of such sums
<br />wtnout prejudice to anyot Bsnetielory's nghsto tae and retain future sums, and without prejudice to any of its other rights underthis Trust Deed. The mater and
<br />comreyenoo hereunder to BWWWAry of said rents. royalties. bonuses and delay moneys snarl be construed to be a provision for the payment or reduction of the
<br />OW. Subject to the BeneticNty's option as heeinbefors pmvded. indepadent of the hen on said Test Estate. Upon payment in full of the debt and the
<br />reconveyafce M this Trim Deed of record, the conveyance Mali become inoperative and of no further force and eftect.
<br />(14) The covenants contained in this Trust Deed Mall be deermed to be severable; in the went that any portion of this Trust Deed is determined to be void or
<br />test deebmina on nett not affaet the validity of the remaining portions of the Trim Deed.
<br />James E. Faean R+Inora D. Fagan
<br />STATE OF NEBRASKA )
<br />COUNTY OF !i A j )
<br />On thot ay of J&NC , A.D., 19 _L , before me, a Notary Public, personally appeared
<br />Jftf r, C F9gA.V AMd ,EIIAVX,9 L FAIAy _
<br />to fie known to be the persalfs) named in and who executed the foregoing Acknowledgment and Trust Deed, and acknowledged
<br />tial 74 sir _ eaaGteed t1a sans as Vi P voluntary act and deed / J
<br />(SEAL)
<br />O
<br />p
<br />u
<br />r
<br />(Type or print name under signature)
<br />Notary Public in and for said County and State
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