|
RV- RF_G0)1DEEpg �♦1 /� g FC130IA11
<br />7'" '105661- 87-104 Q Ptgaapla
<br />(c) The repayment in full by Truetor(s) of all amounts advanced by Beneficiary, at its option, to or on behalf of Truator(e) ea protective
<br />advort aaa euthodsed h"n, in the loan ItprMamant(s), or in othar Instrument($) which may ba given to evidenca such advance, plus Interest
<br />on e11 such advances, payable as provided in the note($), loan agraemenl(s) or other Instrument($).
<br />(d) The payment In full of any and all other past, prowl or future, direct or contingent, debls and liabilities of Trustor(s) to Beneficiary 01
<br />any IMtwit fir.
<br />This Trust Dead will be due March upon the payment In full of all sums secured hereby.
<br />Truit"s) hefOy wafantthat they hold fee &WMW tltle to Ihe abpvedeechbed PMWY, that Ihey have good and lawfui aufnerity o derW and anpumber the aamrm,
<br />that We praparty is free and cheer at all lam and encumbrances, except encumbrances of record, and $let May wdl warrant and allow said property egelruil ail
<br />claimants whomsoever. Trusforls) also hereby waive and relinquish all rights at dower, homestead, distributive ahere and exemption in NW 10 WA obo"oow tbtd
<br />Property.
<br />Trtrewfs) and Oak at alwlt h~ pleMle arid NOW Nisi M Islets$;
<br />(1) Topaye ll Nwkl, ludgmenttoroowustraImantsltsaimNakTnglBaWa ,andtopaywhenduo alltun, ranks,a sea chargesuprma$idTruetgeMNorunder
<br />any spa. permit, fl®Mle or privilep aNanad to ®srleffabuy"additionsl security to this Trust Dead, including Moss an Public domain.
<br />(2) To insure old keep Insured buildings and other heprowM"fX now an or hareaher placed on and True 101M to the salbrflustion Of Benefkary. Such
<br />Insum" Mel be epenwadby said deposited with Beneficiary, and andersed with Ins thereunder peyabfe to Banefkfary. Any aims so received by Beneficiary may
<br />bee used fo Pay for reconstruction $the ddeerayed improvement$ or if notes tippled may, atthe option of the Benefkfery, be applied M paymontof wty w4obwOO"
<br />matured or unmeurod "cured by this True Dear.
<br />(3) To keep 00 buildings. MdUM and other )mPMVV~U now on of hereaher Pfspd on said Trial 900% Occupied and in good repair, maintenance and
<br />condition and te neither commit nor permit any acts of wneN or any Impemment of the value of Ins Trust Foil". Bwaacla'y may end upon the Trust Ewfe to
<br />inspect the Mme or to perform any acts auMonxed herein or In the loan agreement.
<br />(4) In the~t Truitair(s) toil to pay any liens, Judgment&. stakillem", takes, rin,", fast or charges or maintain any Insurance an go property, buthfirw, fixtures
<br />at improwmatM as provided herein or in the loan aggreeient(s). Bemtkary may, at Its option, make such payments or provide Insurance, maintenance or rspalre
<br />and arty $heats PNO MWOW eats bwdlre part of the principal Indabksdrtsss **cured hereby, be Immediately des ere payable end bear Monet from Me data of
<br />peyme nt "proMtled in hen stets) w hoar agrssmenllsl• TM advan"ment by OMeffoary Of ant' Such amounts Mal in no manner amlt Be rWl of Bwealakuy o
<br />asnsts T (s) in deftult or eeeroae any of Benefoary's othei rights wan r"radkss.
<br />($) M the event MmliaMryNa Wry o any litigation ~Ung the *saw" orthe fien of this Trust Deed, mclotling any action by glensfickirryto enforait" Trust
<br />Deed or any suit in wtkdn Bwefcloy to named a defendant f knWudkg condemnation and bankruptcy procooW p) Beneficiary may know expansss and advance
<br />paymentefwswfwta",a hormy. fon(excwtotanp tentprohibitedbylaw),ccets,expon"a,ap NNWfess aedtlgerdmrgsswWmnYtimamteaDadyanad
<br />teak become pert of tan princ+p*11ndebtedna" secured hereby, be Immediately des and payable and beer Interest "provided In the Won agNaamndlt).
<br />(0) Any awards madeto Truiritr(sl or "W successors by the exercise ottimintlint domain firehoreby assigned to Beneficiary: and Meneficlary isheraby authorWild
<br />to Oohed and apply the same in payment of any indebtedness, matured Or unmatured, secured by this True Deed.
<br />(7) In the event Trwtor(s) default in the payment when due of any turns secured hereby (principal, interest, advanalmitime or protective advances), or fail to
<br />perform or observe any covenants and conditions contained herein. in the note(ti), Open agreement(s), or any otmr (nstrumairds or any proceeding Is brought by or
<br />against T ruallarls) under any Bonk ruptcy laws, Beneficiary may, at Its option, declare the tkifire Indebtedness secured fierillity to be Immediately duoNWpayablead
<br />beer rowed at the default rate as provided in the notes) or loan agreemanl(s) ON Bwafkisry may immediately authorlie Trustee to exercise the Power of 8t**
<br />granted fisfam in the markw provided in the Nebraskli T law for the fonelwun mortgagee on real property, Including to Receiver upon ex parts application, notice Ming Ophereby oxpnsatwaiv 0
<br />without regard to the wk» of the property orthesutticiency thereof to discharge the indebtednses secured hereby win iM loon apra tment(s). Delay by Ba sficiary
<br />in exeroamg lie right* upon dwtun shelf not be construed as a waiver thereof and any wt of Beneficiary waiving any specific default shall not be construed a a
<br />waiver of any future a~. If the proceed* under such "e or foreclosure are insufficient to pay tan total Indebtedness hereby secured. Trutlor(a) do hereby agree
<br />to be personally bound to pay tan unpaid balance, and Beneficiary shall be entitled to a deffclency judgment.
<br />(a) Shroud Beneficiary *act to exercise the Power of Sale granted herein. 8"icary shell notify tan Trustee who shell record. publish and deliver to Truwrks)
<br />such Ndnce of Default and Notice of Sale as then required by law and shall in the manner provided by law sell the Trust Estate at the tmeard Pace of sate fixed in the
<br />Notes Of Seas eltherea a whefe w o "pans oat, percNa or iamtand in such order as the Trust" Meek deem expedient. Any person tray bid atheaste Maluding
<br />Tru snarls), Trustee or Behefoary .
<br />12) Trr»twle) hwebY raeuast & copy of any Notice of Default or Notice of Sale Mrwndef lobe mated o "win eadMeal "I 90 forth MnM by owti ied mail.
<br />110) Upon default. Beneficiary. either in person or by agent, with or without bringing any action Or proceeding and with or without regard to 1M value of the
<br />property or the sufficiency tfanof o discharge tan indebtedness secured hereby, a wthoriied and entitled o enter upon and eke P of the True Estate in
<br />its own name or m tan hat eof the Trustee and doany gets orexpend any sums it ream necessary or desirable o protect w preservethe vNteot the Trust Ewa or
<br />any merest therein, w increase the intone therefrom: and with or without taking possession of the Trust Esafeaaumonnd oew or woMenMeeosect therents,
<br />issue, crops. profits and income thereof, including thou pat due and unpaid, and apply tan same upon any indebtedness secured hereby or in tan can
<br />agreemont(s;
<br />No remedy harem Conferred upon or reserved to Trustee or Beneficiary a Inanued to be exclusive of any other remedy harem or by lawprorioed or permitted.
<br />b.11 each eftea be cumulative, thek bs in addition t0 every other remedy given hereunWr or now or hereafter eaefing at law or M equiny or fly eau$, and may ce
<br />exerowd COnturlwmy, ifWperd*nny or wecs"Wely.
<br />(11) Truaw(s) acknowledge that the duties and obligations of Trust" shell bs determined Solely by the "press pMvmons of the Trust Deed of the Nebraska
<br />Trust Deeds Act and Truwe stall not be table except for tan performance of such ouaes and obNpet+a s as are specmWNy, so forth theorem. and no implied
<br />covenants or obligmtons "I be Imposed upon Trustee: Trustee Mall not be liable for any action taken by it in good atM and reasonably believed by It to be
<br />eutnonised of within ere ttHwetlon of rights at Reef conaned upon If by this Trust Deed or sea a law.
<br />(12) The inlphry atdneponailkldYdithe Trusor(s) rromtltuWSS part oftfaconslderetion for the oagatonsasarnd nereb) � Should Truewfs) soil, tremlerw
<br />convey the property ascribed herein, without priwwritlen consent of Beneficiary. Beneficiary may, at iaoption. doctors the enters MWe0N0M" immediately dui
<br />and payable and may proceed in the en/wowmm at fa rights we on any other default.
<br />(13) Aewgnment d Rerrte inckpi ing Proceeds of Mineral Lease. Trustor(s) baby transar, last over and cones' to Beneficiary an i mo. royalties. Doman ad
<br />delay momp that may from time to time beeomedw and payable undwany raatestM* few Of underany dl, go Of cow mineral ape of any kid now existing or
<br />that nay haetilsw Come into lix' h ,e. cover" the tibow Triad Estes w any part thereof. Ail audn suite so a, A by Benweay sttefl he appaed o ens
<br />IndebNMa" aeured hereby: or amid Benaioary Tray, at Its option, turn over and deliver to the Trustw(s) or thaw wcce"om in IruMe"t, any or all of such sums
<br />wltheut prejudice loany GI Banefkary's rphao take and retain future sums, and without preiedlp to any of fa other rights under this Trust Deed. The transfer and
<br />conrayance hereunder to Bemlklary of said rants. royalty, bonuses and delay morays Snell "construed to be a provision tau the paYmant or reduction of the
<br />debt, subject to the Beraf Gary's option as hereinbelors provided, Independent of the han on said Trust Ewa. Upon payment in full of the debt and the
<br />rsannveyence of this Trust Deed of Word, this Conveyance *hall become inOparali" and of no further IOroe and Matt.
<br />(14) The covenants contained in this Trust Deed shall be deemed to be severable: in the event that any portion of this Trust Dead is determined to be void or
<br />u lorc"ba, that determihetofr Mall not $Meet the validity of the remaining portions of the Trust Deed
<br />V/ .James E. Pagan nor$ D Fagan
<br />STATE OF NEBRASKA 1
<br />COUNTY OF —& A Z/ — -- )
<br />On this V_ ply of cTuNE A.D., 19 . before me, a Notary Public, personally appeared
<br />85 E fgr- AN &tea EI /iVD,t A © f Apt aA,V
<br />to me known to be the person(s) named in and who executed the foregoing Acknowledgment and Trust Deed, and acknowledged
<br />$" that exeoutild the game n na -;&0 voluntary act and deed.
<br />(SEAL) I '" 1
<br />
|