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<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 heroin, In the loan agreement(s), or in other instrument(s) which may be given to evidence such advances, plus Interest
<br />on all such advances, payable as provided In the note(s), loan agreement(*) or other Instrument(s).
<br />(d) The payment in full of any and all other past, present or future, direct or contingent, debts and liabilities of Trustor(s) to Beneficiary of
<br />any nature whatsoever.
<br />This Trust Deed will be due March 1, 2002 or upon the payment In full of all sums secured hereby.
<br />Trustor(s) hereby warrantthef they hold fee elmplelltle to the above described property, mat they have good and lawful authorlry to deed antl encumber thesame,
<br />that said property is free and clear of all Ilene and encumbrances, except encumbrances of record, and that they will warrant and defend said property against all
<br />clsiments whomsoever. Trustor(s) also herobywalve antl relinquish aft rights of dower, homestead, distributive share and exemption In and to theabove described
<br />prop".
<br />Tru0w(s) sae each of then further corerlan and agree wish seneaelary as leaows:
<br />(1) To pay all lions, judgments or other as..ments against said Trust Estate, and to pay when due all taxes, rents, fees or charges upon said Trust Estate or under
<br />any lease, permit, kceose or privilege assigned to Beneficiary as additional security to this Trust Deed, including those on public domain.
<br />(2) To insure and keep insured buildings and other improvements now on or hereafter placed on said Trust Estate to the satisfaction of Beneficiary. Such
<br />insurence Mall be approved by and deposited with Beneficiary, and anooned with loss thereunder payable to Beneficiary. Any sums to received by BsrMklary may
<br />be used to pay for reconstruction of the destroyed improvements or if not soapplled may, at the option of the Beneficiary, be applied in payment of any indebted ness
<br />matured or unmatured secured by this Trust Deed.
<br />(3) To keep all buildings, fixtures and other Improvements now on or hereafter placed on said Trust Estate occupied and in good repair, maintenance and
<br />condition and to neither commit nor permit any acts of waste or any impairment of the value of the Trust Estate. Beneficiary may enter upon the Trust Estate to
<br />inspect the same or to perform any acts authorized herein or in the loan agreement.
<br />(4) In theevent Trustor(s) fail to pay any lions, judgments. assessments, taxes. rents. fees or charges or maintain any Insurance on the property, buildings, fixtures
<br />or improvements as provided heroin or In the loan sgre*meni(s). Beneficiary may. at Its option, make such payments or provide Insurance, maintenance or ropsm;
<br />and any amounts paid therefor shall become pan of the principal indebtedness secured hereby, be Immediately due and payable and bear Interest from the date of
<br />payment as provided In the note(s) or loan agreemenrys). The advancement by Beneficiary of any such amounts shall in no manner limit the right of Beneficiary to
<br />declare Trustor(s) In default or exercise any of Beneficiary's other rights and remedies.
<br />(5) In theevent Beneficiary is a party to any litigation affecting thesecurity orthe lien of this Trust Deed, including any action by Beneficiary to enforcethisTrust
<br />Deed or any suit in which Beneficiary N named a defendant (including condemnation and bankruptcy proceedings) Beneficiary may incur expenses and advance
<br />payments forabatractto". attorneys few (except tothe extent prohibited by Law), costs, expenses, appraisal fees and othercherges and any amounts so advanced
<br />shall become pan of the principal indebtedness secured hereby, be immediately due and payable and bear Interest as provided In the loan agrooment(s).
<br />(B) Anyssvanfs made to Trustor(s) ortheirsuccessors bythe exercise of eminent domain are hereby assigned to Beneficiary; and Beneficiary is hereby authorized
<br />to collect and apply the same in payment of any Indebtedness, matured or unmatured, secured by this Trust Deed.
<br />(7) In the event Trustor(s) default in the payment when due of any sums secured hereby (principal, interest. advancements, or protective advances), or fail to
<br />perform or observe any covenants and conditions contained heroin, in the note(s). loan agreement(*), crony other Instruments or any proceeding is brought by or
<br />against Trustorts) undersny Bankruptcy laws, Beneficiary may, at Its option, declare the entire indebfednearesecured hereby to be immediately due end payable entl
<br />'r bear interest at the default rate as provided in the note(s) or loan agreements) and Beneficiary may immediately authorize Trustee to exercise the Power of Sale
<br />granted heroin in the manner provided in the Nebraska Trust Deeds Act, or, aothe option of the Beneficiary, may foreclose the Trust Deed in the manner provided by
<br />law for the foreclosure of mortgages on reap property, including the appointment of a Receiver upon ex pane application, notice being hereby expressly waived,
<br />without regard tothe valusof the property orthe sufficiency thereof to discharge the indebtedness secured hereby or in Me loan egresment(s). Delay by Beneficiary
<br />in exercising its rights upon default shall not be construed as a waiver thereof and any act of Beneficiary waiving any specific default shall not be construed as a
<br />waiver of any futuro default. If the proceeds under such sale or foreclosure are insufficient to pay thetotal indebtedness hereby secured. Trustor(s) do hereby agree
<br />to be personally bound to pay the unpaid balance, and Beneficiary shall be entitled to a deficiency judgment.
<br />(8) Should Beneficiary elect to exercise the Power of Sale granted heroin. Beneficiary shall notify the Trustee who shall record, publish and deliver to Trustor(s)
<br />such Notice of Defaultand Notice of Sele as than required by raw and shall in the mannerprovhded by law sell the Tent Estate at the time and place of "to fixed in the
<br />Notice of Sale, eltheras a whole or in seporaa tots, parcels or hems and in such orderas the Trustee shall doom expedient Any person may bid at thesels including
<br />Trustor(s), Trusts* or Beneficiary.
<br />(9) Trustor(s) hereby requests copy of any Notice of DetsultorNotice of Sale hereunder to be mailed to them at the addnes(es) met forth herein by certified mail.
<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 orthesuttkoency thereof todischargethe indebtedness secured hereby, is authorized and entitled to enter upon and take possession of the Trust Estate in
<br />its own name or in the name of the Trustee and do any actsorexpend any sums it deems necessary or desirable to protect or preservsthe value of theTrust Estate or
<br />any interest therein, or increasethe income therefrom; and with or withoutteking possession of the Trust Estate is authorized those fororotherwise collect the rents,
<br />issues, crops, profits and income thereof, including those past due and unpaid, end apply the same upon any indebtedness secured hereby or in the loan
<br />agreament(sy
<br />No remedy herein conferred upon orreserved to Trustiror Beneficiary is intended to be exclusive of any other remedy herein or by law provided or permitted,
<br />but each shall be cumulative, shall ba in addition to wary other remedy given hereunder or now or hereafter existing at law or in equity or by statute, and may be
<br />exercised concurrently, independently at successively.
<br />(11) Trustor(s) acknowledge that the duties and obligations of Trustee shall be determined solely by the express provisions of this Trust Deed or the Nebraska
<br />Trent Dee# Act and Trusee shell not be liable except for the performance of such duties and Obligations as are specifically set forth therein, and no implied
<br />covenants or obligators shall be imposed upon Trustee; Trustee shall not be liable for any action taken by it In good faith and reasonably believed by it to be
<br />authorized or within the dew ion or rights of powers contorted upon it by this Trust Deed or sate law.
<br />(12) The integrity and responsibility ofthe Trustor(s) constitutes a pan of the consideration fortheobligations secured hereby. Should Trustor(s) sell, transfer or
<br />convey the property described heroin, without prior written consent of Beneficiary, Beneficiary may, at Its option, declare theentiro Indebtedness immediately due
<br />and payable and may proceed in the enforcement of Its rights as on any other default.
<br />(13) Assignment of Rena including Proceeds of Mineral Lease. Trustor(s) hereby transfer, set over and convey to Beneficiary all rents, royalties, bonuses and
<br />delay, moneys that may from time to time become due and payable under any real pate lease or underany ohl, gasor other mineral *"act any kind now existing or
<br />that may hereafter come into existence, covering the above Tent Estate or any pan thereof. All such sums so received by Beneficiary shall be applied to the
<br />indebtedness secured hereby: or said Ow a ichary may, at its option, turn over and deliver to the Trustor(s) or their succeason in Interest, any or all of such sums
<br />without prej Lidice to any of Beneficiary's rights to take and retain future sums, and without prejudice to any of Its other rights under this Trust Deed. The transfer and
<br />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
<br />debt, subject to the Benef Clary s option as hereinbeforo provided. independent of the lien on said Trust Estate. Upon payment in full or the debt and the
<br />reconveyance of this Trust Deed of record, this conveyance shall become Inoperative and of no further force and effect.
<br />(14) The covenants contained in this Trust Deed shell be deemed to be aeverabie: in the event that any portion of this Trust Dead is determined to be void or
<br />urrenfo that deahnination shall not affect thevolhdhty of the remaining portions of the Trust Deed.
<br />Arnold C. Kyhn 1:rac< E.
<br />STATE OF NEBRASKA )
<br />as.
<br />COUNTY OF
<br />On this 5T111G'_ tley of .d7 =i E /—' , A.D., 19 , before me, a Notary Public, personally appeared
<br />Arnold C. Kyhn and Grace E. IMin, husband and wife
<br />to me known to be the person(s) named in and who executed the foregoing Acknowledgment and Trust Deed, and acknowledged
<br />that they executed the same as their voluntary act and deed.
<br />(SEAL) A .i10MOEM /� /•,) /j � lf'G« /
<br />Y,. Yn /,' TIr i siruczr
<br />MY � E.i)t Mardi 7. 110 I c ype or print name under signature)
<br />My commission expires Notary Public in and for said County and State
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