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<br />Mr
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<br />and, without demand, Shall be'M*4 01dty due and payable' by Trustor and shall
<br />141 se . D*h and OWlgatlaM of Thietee. (a) The du11N and obligations of Trust"
<br />bear Interest at the maxlmum aOdSslsb" legal rate; provided; however, that at the
<br />snap be determined solely by the express provisions of the Trust Deed and TgplN' •
<br />option of Beneficlary or Trustee such ..in. may to added to the principal balance
<br />Shall Me be table except for the Performance of such duties and obligations as are
<br />of any indebtedness secured hereby and shall bear IM same interest as such
<br />specifically sef forth herein, and no implied covenants or oWlgatWM Mall be
<br />-
<br />"derstedMSe and shall be payable rafably over Ire remaining term thereof.
<br />hnp reed upon Trustee; (b) No proylelon of this Trust Deed sW reqube Tfutles to
<br />expand or risk his Own funds, or otherwise Incur any financial oDllgoth n In the
<br />;
<br />10. Assipl eaenf of Ranks. Beneficiary shall have the right, power and authority
<br />performance of any of Its duties hereunder. Or in IM exercise of any of Re flight Or
<br />during the contlnusnce jot this Trust Deed to collect the rents, +sues and profile of
<br />pe'wma, it n shall h!ve pnou^d# for be11esIW that the rmpeymsml d such funds or
<br />the Property and of any personal property located thereon with or without taking
<br />adelWale Idemnity against such risk or I1atUty Is AIM reasonably pealed ko t (q
<br />Tnet" may MMuft
<br />pOSMaslon Of the Property affected tWOby, and Trusts hereby sPecrutery, and
<br />urlC6ndRtOrlally **signs all such rents, issues and "Its to 11"Iclary.
<br />with "MOW of his own Choosing and the aAWOi of slim
<br />Cc~ shah be full hod complete Wtho btalloAmd proealbn in the fttpam M
<br />Beneficiary, however, hereby Consems to the Tnustor'S collection and retention of
<br />MY scion tMM or by It hereunder In good faith and ratlaaN thee";
<br />Such rents, Issues and profits as they accrue and become payable so long as
<br />Truelee Meer not be gable for any action taken try him In goW laRh hod
<br />Trwlor Is not. at such times. In default with respect to payment of any
<br />belle r0 by film to be authorized of *MM the dWoMion or It" of petvara
<br />e
<br />IMdWledMSs secured hereby or In the performance of any agreement hereiander.
<br />contened upon It by this Trust Deed.
<br />F� .
<br />Upon any such default. Beneficiary may at any it", either in person, by agent or by
<br />e receiver to be appointed by a court, without notice and without regard to the
<br />AdrNtlsest
<br />17. S*esrifykeb mwft. Truela,stM explamo, WMSK@MW Wd"tvo
<br />Y
<br />adequacy of any security for the Indebtedness hereby secured, (a) enter upon and
<br />to the Twat". promptly upon demand, such security hwOummlg as may be
<br />tale possession of fns Properly of any part thereat, and In Its own name Sue fors
<br />rpailfed try Trestes. In form aed suDttpoCe astaeMOry t0 Trustee, adVlfhlO arty a
<br />Otherwise Coheet such rents. Issues and profits, including those past der and
<br />ins Property CORVO d by this Trust Deed, wMdr Nwarify aaabugeard, be
<br />e
<br />unpaid, and apply the Sams, Ills coals and expenses of operation and Collection,
<br />sadltlonal security for Truss's faithful patOrmamy *tell of Iha tor"", OdsNMMs.
<br />InccWGrp reasonable attorney f"s, upon any Indebtedness secured hereby, said In
<br />AM Condillpb of this Trust Deed, ins priants" nOip atMtd hetathr. and any
<br />Z
<br />Such order as Ban* lary may determine, (b) perform such act* of repair or
<br />other security IhetrumMte exacutad In COnMOtbn with this hanNOtf im Bgal
<br />protection as may be nxeaaary or proper to consarv- hhe value of the Property; (c)
<br />flees ins acme or any {tart thereof for such reMIti, tarm. and upon such conditions
<br />Instruments shall be recorded a tiled, and rerecorded and n~, at Tmabvit
<br />expense.
<br />5
<br />es Ica judgement may dictate Union Trustor and Beneficiary spree otherwise In
<br />writing, any application of rants, issues or profits to any Indebtedness secured
<br />hereby
<br />shelf not extend or postpone IM due date of the installment payments as
<br />play tdad in bald promissory note or change the amount of such Installments. The
<br />1B
<br />entering ufon and taking ppeeesslon or IM Property, the collection of such rents.
<br />(a) In 1M hint Bay oho Or more of the provisions cotstmed In thin Third OMIT or
<br />1"ue# and profie, and the agpllceilon thereof as aforesaid. Mali not win +vin Of curs
<br />the promissory note or Italy ohm security aefra ant gtaM in tdhrlabBan um
<br />any default dr notice of default hereunder, or invalidate any act done pursuant to
<br />this traneatilon shell for any reason bit fled to be lnv4K l@ . or
<br />-
<br />such notice. Trustor also assigns to Beneficiary, as further security for the
<br />IlnveBdRY, illapsllly, t
<br />uMntortMble In any respect. Such onerrignageligialy
<br />Performance Of the obit tions secured heeby, an prepaid rents entl all monies
<br />got P
<br />shall, at the Option of Beneficiary, Trot offset any other proviasl of tab Then
<br />.
<br />which may have bean Or may hereafter be deposited with said Trustor by any lessee
<br />Deed, but this Trust Dead shat be construed " If such hwaid, IIWQW, or
<br />-
<br />W the Property, to secure the payment of any rent. and upon default In the
<br />unenforceable provision had Mwrbeen COntalla0 WON giwrafr,
<br />-
<br />pesformarnCe of any of the provisions hereof. Truslor agrees to deliver such rents
<br />and deposits to the Beneficiary Delivery of written notice Of the Beneficiary's
<br />(b) This Trust Deed shall be conslhiod acceir p to the laws of the Stag of
<br />.`�.
<br />exercise of nit rights granted herein, to any tenant occupying said premises shall
<br />Nebraska.
<br />be erfntlent to require said tenant to pay sad rent to the Beneficiary until further
<br />(c) This Twat Dead shall inure to and bind the liars, leBagM, dsvher,
<br />notice_
<br />administrators, executors, sueeseso s Sad *ss" of the peruse before.
<br />dl Trustor shall pay all in" laded upon the Trust Dead Or the doge se"fed
<br />17. lashed /ga1MK Within 10 days amen tlsmsntl. Trustor shaft furnish to Trustee
<br />hereby, together with any Other texts or &"Ossn ds which may be tsvlSd
<br />a Whodub Certtftad Io be two Boning frith all le see of space In the Trust
<br />against lit Trust" or Beeficl
<br />W W or the legal holder t said promissory mhbe
<br />PropMy then In affect, Including, in each case. the name of the tenants and
<br />Ori accW nl O} the IndabtedMa6 oYIdalCad Ihaogy.
<br />occupants, a description of the apace such Occupied In arch tenant and the
<br />rental payable flat Such space end such other IniOrmotlan and documents with
<br />(e) Whenever used herein, the singular number shall Include the plur01, the
<br />respect to such Wes and tenances as the Trust" may request.
<br />the use of any gentler shall be applicable to all gendae, end the arm
<br />Wllhgrt the prior will" consenl of Trustee, Trustor Shall nor, directly Or
<br />"angular,
<br />Beneficiary " shall Include any payes of the Idebbodnaas hereby Secured or
<br />any transfer thereof, whether by operation of low Orr ttmwles.
<br />hdtMtry, with rOlMl to any lease of spats In the described premises, whether
<br />Suen bees Is now W hereafer In existence; (a) accept w permit any prepayment,
<br />discount or advance rent payable thereunder; fb) cancel or terminate the same, or
<br />Occur which would entitle the to sse thereunder to terminal or cancel the same; (oi
<br />suCCasWla to any Trustes named hewn or acting heeuMw to stepte that That
<br />--
<br />amend Or modify the Nine ad as 10 reduce the term th'ra it, lit rental payable
<br />Deed. Upon such appointment and without conveyance to the aueceMOr Tnuaoe,
<br />Bttraufder, s to change any rMowel provisions th"n contained; (d) waive any
<br />the later Mall be noted with all title, powM, and dMba onaafed up" nary
<br />default IMrounder W breach tMMI; (s) give any consent, waver or approval
<br />Trust" herein named or soling hereunder. Each such appolmtmeN and
<br />Uwmwr4w or take aty, other action In connection therewith, or with a INSee
<br />substitution Mall be media try written Instrument by laanalCWtr, Comeard,
<br />ifheeueder, which would hew the affect of impairing IM value of lessor's Interest
<br />reference 10 this Trust De" and its place t recoN, which when /am In the
<br />.i
<br />mheraunnde, on IM Property subject thereto, or of Impairing the position s Interest
<br />office of the Register of Dsede t the county Or tmu+tlM M which said praparly is
<br />t the Trustee or Beneficiary, or (f) NII, assign, pledge, mortgage or otherwise
<br />situated shall be conclusive proof of props appointment of the an1C"MOr, TMbe.
<br />ospo" of, or .Mtwl its interest In any such I"" or any rents, Issues or profits
<br />The foregoing power of substitution and the procedure therefore Mal nit be
<br />to" or ulsi g thetander.
<br />excluslve of IM power and procedure provided for by Isw for the nWMtitution M a
<br />_
<br />Trustee s TrusbM In the place of the Trust".
<br />12. CWAMWMMn If title to and pal of the Property Mall be taken In corder uredlo n
<br />p GO*90 s, by right of amlMnl domain s similar action, M shall be sod uncle
<br />20. ForlaarenM by M m!Wmv er Trawa s Not a W~. Any, forabwmicis by
<br />threat of coMMt ralbn, all awards, damages and proceeds are hereby Assigned
<br />Benef Clary s Trust" In exorcising any right or remady hwusdw, t offtawlN
<br />and stab be pad to Beneficiary who shall apply much awards, damages and
<br />afforded by applicable law, shall rat be a was of of pMiade the exacts my
<br />gropes" 101it WRq "CuM by the Trust Dead, with the excess, If any, paid to the
<br />rgnl or remedy hwoundar. Llkewies, the waiver by Beneficiary or Trustee of arty
<br />Trwlor. Trusts will promptly, and with due diligence, repair, all. and {"tore the
<br />default of Trustor under this Trust Data shall Trot be deal to be a waver of any
<br />reaeanahg pat of the Twat Property to Its former condition substantially to IM
<br />the or similar defaults subsequently Occurring.
<br />sxenl "let. ns "me may be f"slb" and so" Idi conatltut# a complete and usable
<br />unit.
<br />21. TMOW 001 Rebe. at Extension of the IkmN for p"Roost or mooft~ of
<br />m
<br />aort"llon of 1M Sum& Secured by this Trust Dtad Wanted by lanakAwy to any
<br />1d FWIW Advances. Upon request of Trust.. Beneficiary, at Beneficiary's option,
<br />Successor In intense) of Truster shah not oawa% to release. In wry mailman, the
<br />Prior to reborireyMG! t 1M Property 10 the Trust., may make future advances to
<br />liability t the original Trusts s Tnumors eucceeeor In Inertial Beneficiary shell
<br />the Thishe. Such future sdYanoes, with interest thereon. shall be Secured by this
<br />rat be foqulrad to COMMAM# proceedings against such wCCesMr or refuse to
<br />Tryst Deed when eHdelCad by PfOmISsOry note Stating that maid notes are
<br />extend time for payment s otherwise modify anO/tlLtitl t the euhe socused by
<br />secured hereby; provided that at no ;love shall the secured principal, future
<br />this Twat Deed by neason of any demand media try the original Trusts and Trlets's
<br />sM1roM, not to luding sums advSMad to Protect the Security, exceed one
<br />succeaxore In Interest.
<br />hundred percent 1100%) of the original prlm;Ipai amounts sacurad hereby.
<br />22- Daleslt If there shall be • default under this Dead of Trust W under and prim
<br />14. FAMOON OVWA/*Nm All remedies provided In this Trust Ono are distinct and
<br />mortyaps, the Beneficiary may cure such default, and the amounts advanced by,
<br />CYmalatMfe any other right s remedy under this Trust De" s afforded by low s
<br />and other dose and expenses t the DeMflclary, In owing such d~t, with
<br />putty, end rep be exercised concurrently. InOSpeidentry s succeaeivety.
<br />Interest at the default rate Contained In the Note secured hereby from IM fell of
<br />the advances or Payments Mall be added 10 the Irdott adMea secured by this Twat
<br />IS. AatMtN0 ftortleedlow BMW Upon default by Trustor In the payment of any
<br />Deed and may be COI*Ct*d hereunder at any time atte the time of such adreMes
<br />hggMhe" Mooted hereby a In the parfornNMS of any Woven tit hereunder,
<br />or Payments and Shall bedsemed to be sacead hweby.
<br />MW declare M sum* secured ha"y IMMOOW*ty due and payable by
<br />daMrlr to Trustee of written decimation of default. The Trust" Mall have the
<br />29. OpBM a Feft— Upon IM occultation of any default hereunder, Badhaay,
<br />poem a sat of the property ana if BsMflary dBoin" IM Property 10 be hod, II
<br />Mal Mrs the option to foreclose this Trust Deed in the Mannar provided by aw for
<br />stlabdspaM with Tngtee this Trust Dsed and all promissory not" and documents
<br />the foreclosure of morn edges on real property.
<br />sldw" anlpefd"t SOCUrad hereby, AM ahem deliver to Trust. a written
<br />no"" Of Mesh hod alat"n 10 COW" the Property to be "d, and the Trustor In
<br />2e. TIWWS Aloft AMent Dawn. Until any default In the payment of
<br />turn Malt pfspeq a Wear Nile M fns form required by few, which Shall be duly
<br />indW Odf hereby secured or until the breach of any covenant herein Contained,
<br />mad for {Poo by Things.
<br />the Trusts, its saccaseore and assigns, Shall possess and a" the property, and
<br />(s) Altar IM lapse of such time as May be requited by law following the hic
<br />receive the rents and profits thwart=. Upon payment of all sums secured by tins
<br />stlon t am not" of defsull, and not" of default and halls of "le having
<br />Thiel Deed, BeMfalery eMm {guest Trustee to rsconvey IM pr0ptrty and sheer
<br />ONII given as tegvined by law, Trust", without demand on Trusts, shall seh
<br />surrender tMS Trust Dead and all notes evidencing IndabtedMse muted by this
<br />the PM"ft on the des and a1 the time and piece designated In ,;Jcl notice of
<br />Twill teed to Trustee TwsIM Shall rscomey the properly without warranty and
<br />sob, a public auction t0 lit hghesl bWOw, the Purchase Pt" pays" In
<br />without charge to the persona legally entitled thereto. The lianas In any
<br />aw1W "MMY Of the United States at IM time of Mle. The person conducting
<br />reconvaysMe may be described as "the person W persons entitled thereto;' and
<br />the alas they, for any cause M dewms expedient, postpone the "b from tine
<br />the Beltels Inman of any malt.► or facts shall be coheealve proof of the
<br />10 the utll It shah be compleed and, In every own close, Mtl" of pce /pOrn�
<br />W thfutMta thereof. Such parson or persona shall pay ail Odete O1 recorWng, 11 eriy.
<br />MOM 0*11 be gfven by Public decimation teeat by soon pawn at the tons
<br />OW pace fast appointed It IM ""; prouder, If the "le la p "tpo"0 for
<br />yr. Aden m dla Ewl1 ef TnMer. In the event IM title 10 sale r "I sacra b
<br />longer than 11) day beyond the day designated In lit node of sale. notice
<br />ha Warned. ar crntracted to be hanstweed, from 1M undersigned for any town or
<br />theroof shall be given In the Mme monhem as the Original Mlle of sele.
<br />try any method whatsoever. Ine entire principal sum and accrued Interest shah at
<br />Trust tMl1 eaacub oho d011rer Ili ins Wrclrasan alp ONO conveying the
<br />ands become due and payable of IM election of the Beneficiary. Failure to exercise
<br />this Option because of transfer of title as above stated In oho Instance Shell not
<br />property #od, but wlthaut any cov9Mn1 Or warranty, #xprNa, .Impaled. The
<br />tsefbb In the Dead ef MY mans s factlo eMN be contuolw proof Of the
<br />COMihrts! waiver of the right to exerci the $smo In the event of any subsequent
<br />'
<br />fruitfulness thereof. Any Peron. Including Banelliary. may purchase at the
<br />transfer.
<br />sale.
<br />011 YN TrysIN lea preusti 10 the P tvtre herein, the Trust" shall apply the
<br />It Thle deed t trust le junlrr to one "u j
<br />prOCrrad! of the aa" to payment Of me Cools end eapen'se or axerclaing the
<br />parser t 0010 and t the Sae, Incudumhgg the payment of the TruslN'a Fe"
<br />executed by Trustor to .._ _.. _ __.. _.. __..._.__._.._..__.— ..__.. - TttM,
<br />.
<br />aatwtty Incurred. not to exceed — __L .....% of the sa" price, and than 10
<br />the MOM In eublionaBrKh 10) a lit order these Stated.
<br />(a) peyng the hem' ap m subparagraph (b) lt the sae Is by Trust", or
<br />eacuhhg a principal note for
<br />the osa
<br />OIMr cedetIof "sShlobe Sao11the S
<br />to ill" agtand thlelpursuant
<br />par , IM proceeds of sea #hail be ePPhed In IM order seed
<br />ONWO and filed for record with IM Reglafa of Deep# and d.alft�d as allow!:
<br />ajhe lsWrMrll t:
<br />a ant of:
<br />M Careful oily mk4nceot title PMUfad In connection wain such stab and of
<br />Jr-
<br />Shy revenue elalmlp®;
<br />(IQ Mt Sums than secured hereby,
<br />(at) TMrartaintler,il My. to the pwach legallyentitled thereto
<br />�..
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