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ACKNOWLEDGEMENT OF DEED OF TRUST 86- 106254
<br />SOPJWY flltt READ TINT iKFOW •IGNING:
<br />.� Bbrrawn ((Trustairs) understand thal the document that the Borrowers are about to ute is a Deed of Trust and not a mortgage and that the power of sale
<br />provided kw In the Deed of TrustprovideesubstantiallydNlerMtrightsandoblig ations Borro rathenamortgageintheavent or breach of obligation
<br />under tee Deed of Trust, Including, but hot lifrtlted to, the Lender's right to have t eal Prope sold by the Trustee with jldiclaf pr Ing or foreclosure.
<br />Borrowers represent and warrant that this acknowledgement was executed by fore the ecution of the Deed of Trus
<br />(Robert W. Rupp )r Borrower'
<br />(Mary i. RU #) Borrower
<br />DEED OF TRUST WITH FUTURE ADVANCtS PROVISION
<br />( harein
<br />whose
<br />THIS DEED OF TRUST, is made as of the 29t bay of Ortoher _ , 19 $.GL_ , by and among the
<br />Runty Husband & Wife ,whose mailing address is 1925 Wpct
<br />the Trustee.
<br />whose mailing addrEss .s
<br />- Twsi and the Beneficiary.
<br />,, 688 AoLlnderl
<br />land,
<br />68801
<br />FOR VALUARLE CONSIDERATION, Including the indebtedness Identified herein and trust herein created. the receipt which Is hereby acknowledged, Borrower
<br />hereby irrevocably nts. transfers. conveys and assigns to Trustee. IN TRUST, WITH POWER OF SALE, for the benefit an security o1 lender, under and subject to the
<br />terms and ConditiOM refnafter set forth, the real property. descnbed in Exhibit A attached hereto and incorporate
<br />tl her n by this reference.
<br />Together with all tidings. improvements, fixtures, streets, alleys. passageways. easements. rights. privileges aridi appurtenances located thereon or in anywise
<br />pertaining thereto. and t rents, issues and profits, reversions and remainders thereof. Including, but not limited to Vpting and cooling equipment and such personal
<br />property that is attached to improvements spas to eonstitutea fixture: and logelherwith the homestead or marital iftleresls. If any. which lnterestsare hereby released
<br />and waived; all of which, inetu ng replacements and additions thereto, is hereby declared to be apart of the real estate'secured by the lien of this Deed of Trust and all of the
<br />foregoing being referred to he n as the "property ".
<br />This Deed of Trtul shall sec re (a) the payment of the principal sum and interest evidenced by Borrower *�note dated ---L0./2,d/R6
<br />having a maturity date of , in the original principal amount of $ 79 - nn...�_ n .,I).(! and any and all modifications, extensions and
<br />renewalsthereof or thereto and any and If future advances and readvances hereunder pursuant to one or morepromissory notes (herein called "Note "k(b) the payment of
<br />other sums advanced by Lender to prot the security of this Deed of Trust. with Interest thereon as provided in the Note: and (c) the performance of all covenants and
<br />agreement of Borrower set forth herein.
<br />Borrower, to protect the security of this of Trust, covenants and agrees with Lender as follows
<br />1. Psymenl0lprNtelpsland Interest Bor war shall promptly pay when due the principal of antl interest on, and any fees or charges provided in, the Note or in this
<br />Deed of Trust.
<br />2. TWO. Borrower is the owner of the Property, sthe fight and authority to convey the Property. and warrants that the lien created hereby Is a first and prior hen on
<br />the Property. except as may otherwise be set forth on Ex bit A hereto. and the exec ulson and delivery of this Deed of Trust does not violate any contractor ther obligation
<br />to which Borrower is subject.
<br />3. Toni Assaasrrlood& To pay when due all taxes. el assessments and all other charges against the Property antl, upon written demand by Lender, to pay to
<br />Lender such amount as may be sufficient to enable the Lender pay such taxes. assessments or other charges as they become due.
<br />•. ithe taimme. To keep the Property insured against damage fire. hazards IncludecMith,n the term "extended coverage ". and such other hazards as Lender may
<br />require, in amounts and with companies acceptable to Lender, and wf toss payable to thedenrler. In case of loss under such policies. the Lender is authorized to adjust.
<br />collect and compromise, allalsims thereunder and shall have the option p PPlyrngallorpArt of the insurance proceeds Ili to any mdebtednesssecured hereby and In such
<br />order as Lender may determine, (if) to the Borrower to be used for the rep r or restoration of the Property or (iii) for any other purpose or object satisfactory ill Lender
<br />without affecting the lien of this Deed of Trust for the full amount secured her y before(such payment ever took place Any application of proceeds to indebtedness shall
<br />not extend or postpone the due date of any payments under the Note. or cure y default thereunder or hereunder
<br />5. MaMNartaflee Repairs and CornpNance with Laws. Borrower shall kee the Properly in good condition and repair: shall promptly repair, or replace any
<br />improvement which maybe damaged or destroyed: shelf not commit or permit anyW to Or deterioration of the Property. shall not remove, demolish or substantially alter
<br />any of the improvements on the Property, shall not commit, suffer or permit any act to D one In or upon the Property In violation of any law, ordinance. or regulation. and
<br />shad pay and promptly discharge at Borrower's cost and expense all liens . encumbrances dchargesfev,ed Imposed or assessed against the Properly or any part thereof
<br />6. EfelnwN Dlmealn. Lender is hereby assigned all compensation. ag/ards, damag and other payments or relief (hereinafter "Proceeds ") in connection with
<br />Condemnation or other taking of the Properly or part thereof. or for conveyance in lieu of con nation Lender shall be entitled at its option to commence. appear in and
<br />prosecute in its own name any action or proceedings. and shall also be entitled to make any compromise or settlement In connection with such taking or damage. In the
<br />event any portion of the Property is so taken or damaged. Lender shall hfive the option In Its stile and at solute 9iscretion. to apply all such Proceeds, after deducting
<br />therefrom all eostsand expenses incurred by it in connection with such proceeds. upon any mdebtedness secured hereby and In such order as Lender may determine. or to
<br />apply all such Proceeds. after such deductions. to the restoration of the Property upon such 4ondlhons as Lender may determine Any application of Proceeds to
<br />indebtedness shall not extend or postpone the due date of any payments under the Note. or cure any default thereunder or hereunder.
<br />7. Pwftcmaeee by Lender. In the event of Borrower's fauuredo perform any of the covenants herein or make any payments required hereby, or if any act is taken or
<br />legal proceedingcommenced which materially affects Lender's interest in the Property. Lender may In its own discretion. but without obligation to do so, and without notice
<br />to or demand upon Borrower and without releasing Borrower from any obligation, do an y act which the (rower has agreed but fails to do and may also do any otheract It
<br />deems necessary to protect the security hereal. Borrower shall, Immedtalely upon demand therefor by L n, pay to Lender all costs and expenses incurred and sums
<br />expended by Lender in connection with the exercise by lender of the foregoing rights. together withmterest ereon at the rate provided in the Note. which shall be added to
<br />the indebtedness secured hereby. Lender shall not incur any. personal liability because of anything it may dQ or omit to do hereunder
<br />S. Evenb ef Default. The following shall constitute An event of detault under this Deed of Trust
<br />(a) Failureto pay any installment of principal or Interest or any other sum secured hereby wher1)due.or failure to pay when due any other Indebtedness of
<br />Borrower to Lender,
<br />(b) A breach of or default under shy provision contained in the Note, this Deed of Trust, any document which secures the Note. and any other
<br />encumbrance upon the Property: -
<br />(c) A will of execution of attachment or any similar process shall be entered against Borrower which Shall become alien on the Property or any portion
<br />thereof or interest therein,
<br />(d) There sha:l be filed by of against Borrower an action under any present or future federal. state or%ulher statute. law or regulation relating to
<br />bankruptcy. insolvency or other rellltt for debtors. or there shall be appo,nled any trustee. receive• or l Iquldator of eor!ower or of all or any part of life Property, cr
<br />the rents. Issues or profits thereon Dr Borrower shall make any general assignment for the benefit of creditors
<br />(e) The sale. transtef. ailsignnienl. conveyance or further encumbrance of all or any pan of or any Interest in the Property, either voluntarily or
<br />involuntarily, without the express written consent of Lender
<br />(f) If Borrower is not fn individual, the sale. transfer, assignment. conveyance or encumbrance of more than percent of (If a corporation) Its
<br />issued and outstanding fjlq k or (if a partnersMpl _ percent of partnership Interests .
<br />9. RarrraMSRAoealarseen Defa1rM. In the event of any Event of Default Lender may declare all indebtedness secured herel to be due and payable and the
<br />acme shell thereupon become O nil payable without any presentment. demand. protest or notice of any kind. Thereafter Lender may;
<br />Is) Demand f4t Trustee exercise the POWER OF SALE granted herein. and Trustee shall thereafter cause Borrower's interest In the Property lobe sold
<br />and the proceeds t9'be distributed, all In the manner provided in the Nebraska Trust Deeds Act
<br />(b) Eltreq4n person or by agent. with or without bringing any action or proceeding. or by a receiver appointed by a courland without regard to the
<br />adequaeyalits unity, enter uponandtake poseessfonotlhe Property. orany part thereof. in itsown nameor in ma name of the Truf1ee. and do any acts which
<br />L
<br />if deems tecflasfiry or desirable to preserve the value. marketability or rentability of the Property. or part thereof or Interest thergn. Increase the Income
<br />therefrom oiprotect the security hereof and, with or without taking possession of the Property sue lot or otherwise collect the rents, rs pas and profits thereof.
<br />including those past due and unpaid, and apply the "Me. less costs and expenses of operation and c ouecbon including attorneys fees. a yindebtedness
<br />secured hereby, all in such order" Lender may determine The entering upon and taking possession of the Property the collection of sbch rents. Issues antl
<br />profits "the application thereof as aforesaid, shall not cure or waive any default or notice of default hereunder or invalidate any act don4in response to such
<br />defauh of pursuant to such notice of default and, notwithstanding the continuance In possession of the property o, the collection recelpf` and apphcal— of
<br />rents, logo" of profits. Trust" of Lender Shall be entitled to exercise every right provided for Ir. any of the LOan 1"11 umenta of by law upon pccurence of shy
<br />event N default, including the right to exercise the power of sale. and
<br />,0) Commence an action to forecloW this Deed of Trust as a no,loog., appo,ht a recever fir spar 1 —IN inner any of the Covenants h-0
<br />Np remedy Mien crnfsrred upon or reserved to Trust" Or Lender is intended to De exclusive of nnv I?tne, remrdy nutrm .,r tr, law V111-Cell fir pr rmnted but oar, n snaf i fir
<br />cumulative. shall ben addition to every CAM, remedy given hereunder or now or hereaifer mist-- at Iew u, Ir rquft c fir 111101111, ?nil may he sae,. Icon ,' ;r"t a ^nn „t
<br />Inpatienrdenny or succasa,valy
<br />r I
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