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t� <br />li �l <br />«_J <br />and, without demanjl!ghell he immediately due and. payable by Trustor and shall <br />16. Duties and Obligations at Trust ". la) The duties and obligations of Trustee <br />bear interest at the maklmutn aliowadle legal late: provided. however, that at the <br />Shall be determined solely by the express provisions of the Trust Deed and Twat" <br />option of Beneficiary orifuftes such sums may he added to the principal balance <br />shall not be liable except for the performance of such duties and obligations as ale <br />of any mdabtedness secured hereby and shall bear the same Interest as such <br />specifically set forth herein, and no implied covenants or obligations shall be <br />indebtedness and shall be payable ratably over the remaining term thereof <br />Imposed upon Trust ": (b) No provision of this Trust Deed Shalt require Trust" to <br />expend or risk file own funds, or otherwise Incur any financial obligation In the <br />10. A"ISntrent of Russ. Beneficiary shall have The right, power and authority <br />performance of any of Its duties hereunder, or In the exercise of any of Its right or <br />during the conlmuanCe lot this Trust Dead to collect the rents, issues and profile of <br />powers, It It shall have grounds far believing that the repayment of such funds or <br />f� <br />the Property and of any personal property located thereon with or without taking <br />adequate Indemnity against such risk or liability Is not reasonably assured to It; ;c) <br />Ilosaeesion of the property affected hereby, and Truster hereby absolutely and <br />Trust" may consult with counsel of his own choosing and the advice of such <br />Uncc(ldtttonally assigns all such rents, Issues and prollts to Beneficiary. <br />counsel shall be full and complete authorization and PrOtection In the respect of <br />Beneficiary, however, hereby consents to the Truster's collection and retention of <br />any action taken or suffered by it hereunder In good faith and reliance thereon; (d) <br />such Tents. Issues and profits as they accrue and become payable so long as <br />Trustee Shall not be liable for any action taken by him In good faith and <br />Trustor is not, at such times, in default with respect to payment at any <br />believed by him to be authorized or within the discretion or rights of Powers <br />IlMeotaoma secured hereby or In the performance of any agreement hereunder. <br />conferred upon if by this Trust Dead. <br />Upon any such default. Beneficiary may at any time, either in person. by agent, or by <br />a receiver to be appointed by a court, without notice and without regard to the <br />17. AddWAnM Soctorttle Mstrureenb• Trustee, at Its expense, will execute and deliver <br />adequacy of any Security for the indebtedness hereby secured, (a) enter upon and <br />to the Trustee, promptly upon demand, such security Instruments as may be <br />CIO taks possession of the Property or any part thereof, and In its own name sue for or <br />required by Trost ", In form and Substanca satisfactory to Trust ", covering any of <br />�/► otherwise collect such reels. Issues and profits. including those past due and <br />the Propany conveyed by this Trust Dead, which security Instruments shelf be <br />Yet unpold, and apply the same. leas costs and expenses of operation and collection, <br />additional security for Trustee's faithful performance of all of the farms, eova"r to <br />�a including reasonable attorney t "s, upon any Indebtedness secured hereby, and In <br />and conditions of this Trust Dead, the promissory notes secured hereby, AM any <br />i_ Such order as Beneficiary may determine: tot perform such acts of repair or <br />other security Instruments executed in connection with this trarluetbn. Such <br />Qprotection as may be necessary or proper to conse ve the value of the Properly: (c) <br />Instwments shall be recorded or filed, and re-recorded and rallied, at Trustor'a <br />CMlone the same of any part tnersof for such rental. term, and upon such conditions <br />as Its judgement may dictate. Unless Truster and Beneficiary agree otherwise In <br />expense. <br />wfiting, any application Of rents, issues of profits to any Indebtedness secured <br />hereby shall not extend or postpone the due date of the installment payments as <br />provided In Sold promissory note or change the amount or such Installments. The <br />18. Miscousrrs"e• <br />entering upon and taking possession of In@ Property. the collection of such rants, <br />(a) In the went any one or more of the p(MISIOM contained In this Trust Dead or <br />e+' iesUee and profits, and the application thereof as aloresald, snail not waive or cure <br />the promissory note or any other security instrument given In connection with <br />00 any default or notice of default hereunder. or Invalidate any act done pursuant to <br />this transaction shall for any reason be hold to be Invalid. Illegal w <br />such notice. Trustor also assigns to Beneficiar), as further security for the <br />unenforceable In any respect, such Invalidity. Illegally, or unanforc*MA lty <br />performance of the obng moored cured hereby, all prepaid rents and all monies <br />shall, at the option of Beneficiary, not affect any other provision of this Trust <br />which may." oftener may hereaftef be deposited with said Trustee by any losses <br />Dead, but this Trust Dead shall be construed se It such Invalid, Illegal, or <br />of Ina Property, to secure the payment of any rent, and upon default In the <br />unant arc "ble, provision had never boon contained herein or therein. <br />Wo(Mance of any of the provisions hereof, Truslor agrees to deliver such rents <br />and doposlis to the Beneficiary. Delivery of waiten notice of the Beneficiary's <br />jb) This Trust Deed Shan be construed according to the Is" of the Btate of <br />exercl" of the rights granted hi to any intent occupying said premises shall <br />Nebraska. <br />be sufficient to require said tenant to pay sa,d rent hi The Beneficiary until further <br />(c) This Trust Dead shall Inure to and bind the heirs, legatees, devisees, <br />notice. <br />administrators, executors, successors and assigns of the Pont" hereto. <br />tdl angel Day all taxes levied upon this Trust Dead or 1M debt eSGUfed <br />It- Ua1ee Free ftes, Within 10 days after demand. Trustee shall furnish to Trust" <br />hereto, <br />soy, together with any other taxes or aeslhol er which may be 1*vled <br />a adeatlTrh cGnlled to "true, setting forth all lee "a of space m Me Trust <br />Trustee <br />against the Trustee or Beneficiary or the repel holder of said promissory nob <br />of <br />Property Than In effect, Including, in each tees. the name of the tenants and <br />on account of the Indebtedness erldenceo thereby. <br />Occupants, a description of the apace occupied by such tenant and occupant, the <br />rental Mobile for such space and such other Information and documents with <br />6) Whenever used hemm, Ins singular number shall include IM rural, the <br />D <br />ngular umber <br />reepoof to such lean" and tenancies "the Trust" may request. <br />sin ale, loused of any she sr lelo •11 <br />g g genders, and the tern <br />Whillout the prior wall" consent of Trust ". Trustee shall not, directly or <br />^BenrlflGlary" shall include any payee of Ins Indebtedness hersoy secured Or <br />any transfer thereof. whether by operation of law or otherwise. <br />Indirebtly, with respect to any lea" of space In the described premises. whether <br />such INN IS flow or hereaftee in existence: fa) accept or permit any prepayment, <br />dteoo nif or advance rent payable thereunder ; tot cancel or terminate the same, or <br />accept any concolatfon, termination or surrender thereof, or permit any event to <br />19. SuccomerTneee. Beneficiary may from fires to tiros Substitutes succeNW or <br />occur which would "title the Iesen thereunder to terminate or cancel the same; (e) <br />successors to any Trust" earned herein or acting hereunder to execute this Trust <br />amend of modify the same so as to reduce the term thereof, the rental payable <br />Deed. Upon such appointment and without conveyance 10 the oucc"sor Trustee, <br />thereunder, or to change any renewal Provisions IMrate contained; (d) waive any <br />the latter shall be rested with all title, powers, and duties conferred upon any <br />default thereunder of breech thareol; (at give any consent, waiver or approval <br />Trust" herein named or acting hereunder. Each such appointment and <br />thereunder of take any other action In connection therewith, or with a Issue <br />substitution shall be made by written Instrument by BensffCtaly, comstong <br />thereunder, which would hew the offset of Impairing the value of lessor's mter"t <br />reference to this Trust Deed and Its piece of record, which *plan recorded M the <br />thdrernden, on the Property subject thereto, or of impairing the position or interest <br />office of the Register of Deeds of ine county or count" In which Wit proporly is <br />of the Trust" or Soleffelaryt or (f) sees. assign, pledge, mortgage or otherwise <br />situated shall be conclusive proof of proper appointment of the supplanter Trust". <br />dispose of, orencumbes, Its Interest In any such 1N" or any fonts, Issues or profits <br />The foregoing power of substitution and the procedure therefore shelf non be <br />totaling or wising thereunder. <br />exclusive of the power and procedure provided for by law for the substitution of a <br />Trust" or Trustees In the place of the Trustee. <br />12 C*rA% mrArUm. It litb to any pan of the Property shall be taken in condemnation <br />ProceSOMgg, by right of smhl"t domain a similar action, Of shall be sold under <br />20. FeraeareA" by /inNkbry Go TrJM" Not a Walser. Any lorWsebrKe by <br />iM"t of CO1MeriiMibn, all awards, damage and Drodaeds are nerebY assigned <br />Beneficiary Or Trust" In exercising any right or rMledy herenWaf, or ollNrwlee <br />_ <br />and shell be paid to Boneflclary who shall apply such awards. damages and <br />allorded by applicable law, shall not be a waiver of w preclude the esarclee of any <br />proceeds loth* Sung eeWted by the Trust Deed, with the excess. If any, paid to the <br />right or remedy hereunder. Likewise, the waiver by Bensllclary or Trustee of any <br />Toaster. Trusser will promptly. Snd with due diligence, repair, alter and restore the <br />default of Truster under this Trust Deed shall not be deemed to be a waiver of any <br />remaining Dorf of the Trust Property to its former condition substantially to the <br />other or similar defaults subsequently occurring. <br />extent that the Meld may be feasible and so as to constitute a complete and u "bee <br />vent. <br />21. Trustor Not Reless" Extension of the time for payment at 1llodNldat on or <br />lmortlzati" of the sums secured by this Trust Dead granted by Beneficiary to any <br />17. Fabme A1"eeee. Upon request of Trustee. Beneficiary, at BenetiCISne'S option, <br />successor In Interest of Trustee shall not operate 10 release, In any manner, the <br />POW to recdllvoyance of the Property to the Trustor, may make future advances to <br />liability of IM original Truster or Truster's successor In Interest. Bei eflelary snail <br />end Trustee Such future advances, with Interest thereon, shah "Cured cured by this <br />not be required to commence proceedings against such successor or Mule to <br />TnM Dead wren aridanced by promissory notes sisting that said none ale <br />extend time for Paym "1 of otherwise modify amortization of the sums secured by <br />secured hereby. Provided That at no time Shall the secured principal. future <br />this Trust Deed by remain of any demand made by the anginal Thoolor and Trester's <br />advances, rrot Including Plums advanced to protecl the Security, exceed one <br />successors in Interest. <br />hu,'1t11ad percent (100%) of the original principal amounts secured herby. <br />22. 0111VIL I1 there shell be a default under this Dead of Trust or under any pilot <br />1a. NOMMOn Cumulative. All remedies prowtled In this Trust Deed are distinct and <br />motppe. the Benehcfory may curs such default, and the amounts advanced by, <br />cumultstivis to cry other right of remedy under this Trust Dead of alforded by low or <br />and other costs and expenses of the beneficiary In curing such daleuh, with <br />sgeity, and may be Snot"@ cor,curmotty, Indeporrdenlly or succ "anoiy. <br />Interest at IM default rate contained In the Note secured hereby from ine tuft of <br />the adrartc" or "Ymalns Shall be added 10 in* Indebtedness secured by this Trust <br />15 . AeeebMMk Rerlbdtee; SNO. Upon Wfoull by Truster In IM payment of any <br />DNd and may be collocled horSunder at any time altar the time or "cif adYae"o <br />WKNOISdftft aedurW hereby or in the panarmanas of and agfeenent hereunder, <br />Of payments and shell be deemed to be secured herMy. <br />M" d"ers all slurs sepurod hereby Immadlotely due and payable by <br />d$*Myr to Tcuabe of written dectsratan of default. TM Trustee shelf held the <br />23 OVUM 16 FOFSBWS. Upon the occurance of any default hereunder. Bsftfklary <br />power of "M Of the Property and it Baeflcfary deem" the Prte®aty to be sold, it <br />$hall have the Option to forecl0" this Trust Deed in the momler provided by Iaw for <br />sled OOPM" with Treat" me TruS1 Dead and ail a0ml"Ory noes Ind dMUmanls <br />the foreclosure Of rcngages "1"I propsety. <br />urea MO saw" heeby, and Snob delta to Trust ". • written <br />not{" of dwewl and *Wt to cause the property to be sod, ad fen Trust" " <br />2a. Tru*erle RINus, Ab"M 0~. Until any default In the paymamt of <br />turn a1M1 pr1Mre a suMlen Nome 10 Ihe forest r "uirad by ew, which shell be duly <br />indebtedness hereby Secured of until the breech of any covenant herein contained, <br />filed tae reawd try Tfuetoe. <br />th0 Truster. Its tuconsinG and assigns, shell posesse and enjoy IM propany, and <br />(at Afhe the lease of such bras as may be 1040,01 by eve ,allowing the record <br />receive the renig and Pronto therefrom Upon payment of all some Secured by the <br />ow of stud nol" of GW"ll, and rrotice of default and notice Of 604 haying <br />Trust Dead, Beeeflciory *hall request Trustee to face" the ptopeny and llteil <br />OW Wv" "reduined by law. Trustee, without demand On Truslor, shall sell <br />surronOef the$ Trust Dead and all not" ""nCing Indebtedness "Cured by this <br />ine Property "the dot* &N a the time and Dice designated In Gold nolic*of <br />Trust Dead to Trust" Trust" Shelf raconWy ine Property without warranty and <br />use, al Puerto Section to the highest bidder. it* Purchase price payable In <br />without chat" to the persons legally entitled Ihsasto. The Grant" in any <br />to ful mercy of the untbd States at the Isms at sae. The per@" conducting <br />described add 05 ' th Poison <br />PGO Ilvoyaancel may I <br />the "b ray. for any Gall" he deang expedient, poSIpoM Isla Sets from time <br />the to o1 <br />f a y mat r fa is & Mipbs C�aluaW P ®1 it* <br />ho, pl <br />10 tuhe until a sell be rmmpieled and. In *very such W ", notice of po11panF <br />mesh thesol Such er Persons lY all Chats el <br />0 fnd, if any. <br />y <br />tN/ Such pawn of lime <br />rteal ae41 no given by P1,tfor <br />asd ben a" "Axis, W MW. <br />O roe ine "H', aovdeS. h the nob rte la <br />SAW, <br />25 AOCSWG"e M hen Even of Transfer. In the eveni IM title to said f601 estate is <br />Iris bey <br />longs' than (9) any boyC+nd ine day designated in the notice UI see, notice <br />e f no <br />110MVefned, 01 c fr <br />onlracleel Io be 1!an *tenet, ore the undersigned for any 1 "e" of <br />riereal Short begiven in Ins "rod mangdf as the original noticaof sale . <br />by any main.$ whale "ve, . the entire principal auto and lccfuad Inef "t shall al <br />Teu*Iee sheis oxaEUb ntd dataver to IM puftha"f fits feW Conveying ine <br />once become dos and pay "le at the olacIson of the Beneficiary 10 emolas <br />Into evil" because ifenoldr <br />P<0*aty Dow, b f wilte"I any covishont be wairanly, @.P,"*, of Implied. The <br />lit of brie as ophve Slated in on* IMtenC/ "Tail not <br />c "alilole A wane of ine fight to e.arci" the game in tho er"t of any su0sequenl <br />foaitata M the Due of any males M facts *n" be conclusive proof al the <br />NumfuR"$ tter"l. Any p0f60n, Ito lvding dent 1prery, may purchase at the <br />Itself., <br />August ..1.9 I9SV <br />h <br />M VOW Trust" �repweUanlITVfen puwer6 herein. the Tnl*1" Snell apolY ills <br />M, This dead Oltwel40 $onto,to "o Setae. a <br />MOCeedg Of the 601010 Payment of the Costs and expanse$ of axe,coing the <br />"� ry <br />iiOg)E� �'t'.u6 �n f <br />(TTU71ew, <br />®ease all "to and of the "I$, including the payment 0 the T. uaf "'s F"a <br />�cd it V M tS 1'.xc, <br />*secured by Truster to ... ._. � gl, <br />I,egwfad, IKII to exsead •1, or the sera P Ice, and (hen tU <br />thel(KMm SV"hio)fe Interlude, "We stated <br />id) Afla paying the items specified in SupPfrsgf *pn Thin if,d Hale is. r r T tat ", ur <br />IM plow SOwl and uttw uaof *of @reraaswe 0,4e 16if 1.9 sale is <br />secorlh9 4Pfmclpolnnblo, $59,400.00 <br />_. .... .. - <br />r,irsuenl <br />to judicial loecfosum, the W"mai, 0 "e *Mill he oppsed inn n I" Slated <br />CkfUas and /lied fOlfer,Pfn with the labf Of UOelg and Identified as. follows <br />to Fie Payment 01 <br />(i) coal at any erldser,-o of title "I -telod in cnnnw, lion wit n su nos to and,lf <br />any rayenus 9161,0$, <br />in) All Gums that AsGula) haer,y, <br />fill) rna 10.1.1111.1 A ant. i„ The Vlrrasr, iepesy enlnFBd Inc, a,�, <br />t� <br />li �l <br />«_J <br />