87106083 - Laserfiche WebLink

Browse

Froo 4011 Pops T a, 2 (c) The repayment In full by Truslorle) of all amounts advanced by Beneficiary, at its option, to or on be"If of Trustor(s) es protective advances authorized herein, in the loan agreement(s), or in other Instrument(s) which may be given loevidenaeauoh advances, plus interest on all such advances, payable Ira provided in the note(e), loan agreement(&) or other Instrumil l(s). Id) The payment In full of any and all other pelt, present or future, direct or contingent, debts and liabilities of Trustor(a) to Beneficiary of any nature whatsoever. This Trust Deed will be tlw 'January 1, 1997 or upon the payment In full of 611 sums secured herby. Trustor(s) hereby warrant that they hold tea simplatllto to theabove described property, that they have good Mtl Iawfulaufhomy b dead andeWUmeertl» efirns. that "to properly is tree and clear of all liens and encumbrances, except encumbrances of record, and that they will warrant and daNnd field property 6g61Mt &II cinimants whomaawr. Trustor(a) also hereby waive and relinquish all rights of dower, homestead, distributive share find aeampften I"SM 1010108111M described property TnwNrlq and saes N Ntsm hlfBlsf aowfwN ant agfse rdN BerpMlery es Ieaawe (1) To pay all liens, judgments or other assessment& against mid Trust lisole, and to pay when dueall taxes, rents, toes orahsrgesuW sold Trust 9VI@WGrunder any tease, permit license of privilege assigned to Beneficiary as additional security to this Trust Dead, Including indee on public domain. (z) To Insure and keep Insured buildings and other improvements now on or hereafter placed on sad Trust DWI@ to the Wisfaouon of Beneficiary. such insurance shall be approved by and deposited with Beneficiary, and endorsed with toes thereunder payable IoftWiciary. Anyoumaev receiyad bYNnNioNfymaY be used to payfor reconstruction of the destroyed Improvements or if not so aWIW may, @tine option of the Beneficiary, be applied In payment Harry Indebte0neee matured or unmatured secured by this Trust Dead. (3) To keep all buildings, fixtures and other Improvements now on or hammer placed on "to Trust Estate occupied and In good r"Mr, main*nmrtoe end condition and to neither commit nor permit any new of waste or any Impairment of the value of the Trust Est$%. BenNictury may Niter upon Ire Trust Estate to mepect the some or to perform any acts authorized herein or In the IoM agreement. (a) In theevont Trueoris) foil to pay any lions, judgments. assessments, taxes, rents, lees or charges or maintain any Insurance on the property, buidinga ,fixtures or Improvements as provided heron or In the loan agreamentpt). Beneficiary may. at Its option, make such psymertp or provide Insurance, maintenance or foosire and any amounts pad therefor Mall become pen of the principal Indebtedness secured hereby, be Immediately due and payable and beer interest from file data of payment oo provided in the note(s) or loan agroomo al. The nth/en cement by Berpllolary, of any such amounts Mall In no manner Ilinhthe fight of Bewiciary to doctor* Trustor(s) In default or exercise any of lieneflotays other rights and remedies. (5) IntheeventBeneficiary isapartytoanylltiWlonahfictingthosecurlryorthe lionofthisTrustData• includinganyactionbyBenMdNry WeMo resWeTrust Dead or any suit in which Beneficiary Is named* dstendent (Including condemnation and bankruptcy pmoesdinge) BeftNlolery may Incurexpmeasand advance payments for ""met feet, attorneys tees (except W the extant prohibited bylaw). costs. expenses, appraisal Nos and othorcharges and any ampuntneb advanced shell becorm pan of the principal Indebtedness secured hereby, be imm@dMWy due and payable and bur Interest ss provided In the Wan agreemntls). (6) AnyewerdsmumtoTrueorls) ortheirsucces sorsbythe etercise ofeminentdomainare hereby" signedtoBehefciary ;endBerfNWM10herebyauthorized to collect and apply the same In payment of any fnoobtedrim. matured or unmalured, secured by this Trutt Deed. (7) In the event Trustorls) default in the payment when due of any sums Secured hereby (principal, interest, advancements, or protective advances), or fall to perform or observe arty covenants and conditions contained herein, in the noto(s), loan agreement(s), or any other instruments crony proceeding Is brought by or against Trustor(s) underany Bankruptcy laws, B"Wlary , may, at Ilsoption, declare the entire Indebtedness secured hereby Lobe immedistaly dusandpillow end bear interest at the default rap es provided in the nolo(s) or loan agreermenl(s) and Beneficiary may immediately authorize Trustee to exercies the Power of Berle gramed heron in the manner provided in the Nebrwke Trust Deeds Act, or, stint option of the Beneficiary, mayforeclose the True Dead in the manner provided by law for the foreclowre of mortgages on real property, including the appointment of a Receiver upon ex pane application, notice being hereby efpresely waived. without regard te the valve of the property orthe sufficlencythereof to discharge the indebtedness aacured hereby or in the Wan agreerrnantls). Defay by Beneficiary in exercising its rights upon default shall not be construed as ■ waiver thereof and any act of Beneficiary waiving any specific defauh shell not be construed as a waiver of anyfuture deault. tithe proceeds under such wee ortoreclosure are insuff Wiantio pay the total indebtedness hereby Secured. Trustor(s) do herebysgres to be personally bound to pay the unpaid balance, and Beneficiary Mall be entitled to a deficiency judgment. (e) Should Beneficiary elect to exorcise the Power of Sale granted herein, Beneficiary Mall notiy the Trustee who Mail record, publish and deliver W TruStorla) such Notice of Default and Notice of Solo as than required by law and shall in the manner provided by law Sell the Trust Estate at the time and place of set* fixed in the Notice of Salo, either&* a whole or in separate lots. Mrcelaor Items and in such order as the Trustee shall deem expedient. Any person may bid at theSefe including TrustorlN. Trustee or Seneficlary (e) Trustoris) hereby requests copy of any Notice of Default or Notice of Sale hereunderto be mailed to them at the addreasles) SO forth herein by certified mall. (11D) Upon default, Beneficiary= either in person or by spent, with or without bringing any action or proceeding and with or without regard to the value of the property or the sufficiency thereof to discharge the indebtedness Secured hereby, is authorized and entitled to enter upon and take possession of the Trust Estate in its own name or In thename of the Trustee and do any acts orexpend any sums it dooms necessary or desirable to protectorpressrwthe value of the Trust Estop or anyinterest therm, or increm the income therefrom; and with orwithout taking poasassion ofthe Trust Estate itauthonzed Josue lororogwrwimcoftc therents. issues, crops, profits and income thereof• including those past due and unpaid, and apply the same upon any indebpdnow secured hereby or in the loan agreement(s). No remedy herein conferred upon or reserved tb Trustes or Beneficiary is inpnd6d to beexolUaive of any other remedy heron orby lawprowded or permitted. but each Malt be cumulative, shall be in addition to every other remedy given hereunder or now or hereafter existing at law or Inequity or by statute, and may be exercised concurrently. independently or successively. ( t 1) TrL*Wis) acknowledge that the dallies and obligations of Trustee shall be determined Solely by the express provisions of this Trust Dead or the Nebraska Trust Deeds Act and Trustee shell not be liable except for the performance of such duties and obligations as are specifically set form therein. and no implied covenants or obligations Malt be Imposed upon Trustee; Trustee Mall not be liable for any action taken by It In good faith and reaeonably believed by It to be authorized or within the discretion or rights of powers conferred upon it by this Trust Dead or state low. (12) The integrnyand responsibility of the Trustor(s)cosstitutes apart of the consideration for the obligations secured hereby. Should Trustor(s) wit. transfer or convey the propanydescrIb ed herein, without prior written consent of Beneficiary, Beneficiary may, at its option, declare theentire indebpdrtsae Immediately due and payable and may proceed in the enforcement of Its rights as on any Other default. (13) Assignment of Rents including Proceeds of Mineral Leaes. Truslor(s) hereby transfer. Set over and convey to BeneicIW all rents, royahies, bonuses and delay moneysthel may from lima to time becomedue ant payableunder any realeslole tease or underany oil, gas or other mineral NW of any kind nowexfsting or that may hereafter come into existence, twwrkp the above Trust Estate or any part thereof. All such sums so received by Beneficiary anal[ be applied to the indebtedness secured hereby; or said Beneficiary may, at its option, turn over and deliver to the Trustor(s) or their successors M interest• any or all of Such sums without prejudiceto any of Beneficiary's rightslo take and retain future sums, and without prejudice to any of its other rights under this Trust Deed Thetraneferand conveyance hereunder to Beneficiary of said rents, royalties, bonuses and delay moneys shall be construed to be a provision for the payment or reduction of the debt, subject to the Beneficiary's option as herelnbefore provided. Independent of the lien on said Trust Estate. Upon payment in full of the debt and the reconwyance of this Trust Dead of record. this conveyance Mall become Inoperative and of no further force and effect. (14) The covenants contained in this Trust Dead shall be deemed to be severable, in the event that any portion of this Trust Deed is determined to be void or unenforceable, that determination Mall not affect the validity of the remaining portions of the Trust Dead. Herbert Koch Helen Koch STATE OF NEBRASKA )u COUNTY O?F!� Hall 1 ) On this day of i