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<br />and, wlthoul demand. shall be Immediately due and payable by Trustor and shalt
<br />bear Interest at the maximum allowable legal rate, provided. howavar, that ai in
<br />option of o �Trys tee such sumo may be added to the principal balance
<br />of any i 1 r s$c4I listeby amt shelf bear the same Interest as such
<br />Indepledn" *ands a�bbbaaaa payableralaDly over theremammg term thereof
<br />10. AeelOnment of !tents. Beneficiary Shan have the light, power and authority
<br />during the Continuance lot this Trust Dead to called the rents, Issues and profits of
<br />tiro Progeny and of any personal property located maroon with of without taking
<br />possessmn of ins properly affected nerecy, and Truster heraby absolu 0 and
<br />tintpnerllon.,I, assigns an such rents, issues slid proln6 to Ban$flCiory.
<br />ffleielclery, however, hereby consents to the Tmstol's collection and retention of
<br />Such ran!$, Issues and plot IIs &S they accrue and become payable so long a$
<br />Truslor Is not, at such times, in default with respect to payment of any
<br />11b"Iedneas Secured hereby of in the performance of any agreement hereunder.
<br />Upon any ouch default . B.n.l,cery may at any I.me. elihe, In person, by agent, or by
<br />a r*Ceiver to be *ppennled by a court. without notice and without repaid to the
<br />adequacy of any Security l0, the instepledneSS baraby secured, (at enter upon and
<br />1sse possession o1 Ih! Property or any part thereof, and in Its own name sue for or
<br />orhefvinso colhct such fonts. Issues and profits, Including those past due and
<br />unperd, and apply the same, less costs and expenses of operation and collection,
<br />uKluding reasonable attorney fees. upon any Indebtedness secured hereby. ones In
<br />such order as Beneficiary may determine. (b) perform such acts OI repair or
<br />/w1 "ecll rn as may be necessary or proper to conserve the value of the Property; (c)
<br />Clease I'm same ox any pan Iher-1 for such rental, term, and upon Such conditions
<br />"Its judgement may tllclata. Unless Trualw slid Beneticiar; agree otherwise In
<br />writing. any application of rants. issues or profits to any Indebtedness secured
<br />15sA hefoby *hall not extend or postpone the due date of the Installment pAynenta as
<br />provided in said Promissory note or change the amount of such inSIQIfinents. The
<br />enjoining upon and taking possession of the Property, the collection of such rents,
<br />tissues and profits, and the application thereof as aforesaid, shall not waive or cure
<br />.w any default or notice of default hereunder, of mvaudate any act done pursuant to
<br />/sryya i,��7 gulch notice. Trustor also assigns to Beneficiary. as further security for the
<br />hey performance of Inc obligations Secured hereby. all prepaid rents and all manias
<br />which may have been or may hereafter be deposited with said Trustor by any lessee
<br />Ol the Property, to Secure the payment of any rent. and upon default in the
<br />performance of any of the provisions here0l. Trustor agrees to deliver Such rents
<br />and deposits to the Beneficiary Dolwery of written notice or the Beneficiary's
<br />exercise of the tights granted herein, to any tenant occupying said premises shall
<br />be Sufficient to require said lananl to pay said rent to the Beneficiary until further
<br />notice.
<br />11. Leased Fromisq. Within 10 days after demand. Trustor shall furnish to Trust"
<br />a schedule canlned to be true, selling forth all lenses of space In the Trust
<br />Prbpsrly than In .!fact, Including, in each Cass, the name of the tenants and
<br />OCtulente, a description of ter space occupied by such tenant and occupant, ter
<br />rental payable for such space and such other Information and documents with
<br />+papa([ to ouch leg es and tenancies as ter Trust" may request.
<br />Without the prior written consent of Trust". Truster shall not, directly or
<br />InwreClly, with respect to any too" of space in ter described promises, whether
<br />wch 1"" Is now or her"Itpr In existence; (a) accept of permit any prepayment.
<br />Wecount or whence rent peysibia therstrnder; lot cancel of terminal* the same, or
<br />accept any cancellation. I*rrrhlnatton of surrender thereof, or permit any event to
<br />occur which would entitle ter ee&" thereunder to terminate or cancel the same; (c)
<br />unarm or modify ter "me so as to reduce the term thereof, IM rental payable
<br />raonaw. or to
<br />the change any renewal provisions therein contained; id) waive any
<br />00"t Ifer*under or br"ah thereof; (s) give any consent, waiver or approval
<br />merpander or take any, other action In connection therewith, or with a Ins$"
<br />ttraunder. which would nave the affect of Impairing the value of lessor's Interest
<br />thereunder. on the Property subject tro sto, or of Impairing the position or Interest
<br />of the Truster of Beneficiary: or It) sell, assign, pledge. mortgage or othecwiso
<br />d(*pose af, or oncYmber, Its Interest In any Such IN" or any rents, Issues or profits
<br />Issuing or arising thereunder.
<br />12. Canden Om if title to any part of the Property eMll be taken In condemnation
<br />Proceedings. by right of aminant domain or similar action, dr $hall be sold under
<br />tMesl of Condsimnelion, all awards, damages and proceeds are hereby assigned
<br />wed shell be pad to Beneficiary who &hall apply such awards, damages and
<br />pyoeeeas ro ter clime "cured by the Trust Dead. with Inc excgs, if any, paid to the
<br />Trustor. Truslor *Ili promptly, and with due diligence, repair, alter and rester$ the
<br />rNmsinln8 pen of the Tfwl Property, to Its former condition substantially to the
<br />"tong that 1M $arch rest, be Iseelbh and some to Constitute a Complete and usable
<br />unit.
<br />13. Fohm AAao"a. Upon reauqAt of Trustor, Beneficiary, at Beneficiary's option,
<br />prer to rKbrowyaMp of the Property to the Truster. may make future advances to
<br />the Truslor. Such future sdvane ", with Interest Maroon. shall "secufsd by this
<br />Train Do" whin evdenoed by promissory notes Srating that cad notes are
<br />oeCUrad hereby, pfovd" that at no time shall the secured principal, future
<br />""Wept not including gums advanced to protect the security, exceed one
<br />MrePed OWCent 1100%) on the wrolnal Principal amount$ secured heresy
<br />la, Mer daft CslnwlSOM All remedies provided In this Trust Dead at* distinct and
<br />cumwtoBve tarry other right or narrator under this Trust Deed of afforded by law or
<br />epemy, wd fray be exercised concurrently. Independently or successlvely.
<br />1S. AssellmOm RN1s"1"; Beer. Upon default by Trustor In the payment of any
<br />geura® hereby or In the performanCo of any agreement hereunder,
<br />BNedterery hey doctors all Sums secures hef ebyf Ilimladlslaty due and payable by
<br />dw8vwy to T,IM" of written deci*raten of default. The Trustee shall have the
<br />power of ere of the PtoWy and If Doke let" dear" IM PICWty to be sod, it
<br />afam deposit with Trustee into Trust Dead and all pomlsoory notes and documents
<br />OwNWWM eappnditutq socuf" hweby, and *hall (MIM to Trust", a written
<br />rdRes of dof"I aid election to call" IM Property to be sod, and IM Trustee In
<br />turn Nell Piopere a similar Not" in the Iorm required by low, which anall be duly
<br />Hied he record by Trust".
<br />A Aftr the apse of Such tech so may De requited by low following the record.
<br />often of sad notice of default, and nottc* of default and notice of sale having
<br />a" gFgn "Nqubed by taw, Trust". without "Mond on Truslw, shell sell
<br />ere Preperty on the date and of ter time and Pierce designated In sold notice of
<br />Seep, at atibfte sucllan to the hlghgll bidder, the purchase pries payable in
<br />lawful money of the United stores at the ilme of sets. The person conducting
<br />IM Sett may. for any cou" he *"me *xpedlsnl, postpone the sets from lime
<br />to Imhe until It shan"comPiNed ON, In "" Such case, not" of postpone,
<br />mprnt Hart be Btv" by public drclaralen thereof by such poison *t the firm
<br />am pace I" appointed for the sew, provided, If the See Is postponed for
<br />I"got Into if) day boved the day designated In the notice of sale, notice
<br />dretW shah " given el the oaths manner as Ihe original rroliesof sale.
<br />Tevat" Shah *secul* end derives to In* purchessr, has Dead conveying IM
<br />Progeny odd, but althout any covenant 0( wsrranly, expge, or Implied. The
<br />10:1116e In the Deed w any mattes or IMIS Mail be tonciusits proof of IM
<br />t,umluinesa Iriw "f. Any (claim, Including Beneficiary, may pufchaso It the
<br />ad*.
<br />mi When That" sere pursuant to the powers hwein, the Trust" short apply the
<br />WCK "s of In* "le to P"M"f 011M casts end "pan"§ of eserclsing tie
<br />0~ of "e ord of the "le, Including ter payment of 100 Trust"'* F"s
<br />actually incurred, not 10 axoead _. ._ .. % of the Dole price, and men to
<br />the "MM 10 Wop "#"hic) In In@ older theta elated.
<br />le) Afar it" the Items "Iffq In Subparagraph (b) if the sae In by rrusn ", or
<br />ter poW Court *Ad NMl cash of forecrHure and eels 11 the salt to pursuant
<br />to judledof twgique, ter prw;e"s of asks ansll he appled in the order etats±l
<br />to the "ymMl of
<br />(1) C"1 of any evldea :o.1 fills p,ocurod m - rotaton with such Sale and nl
<br />smy rev"u* stamps,
<br />(R) An *.me then a0culed heaaby,
<br />pie) Tho ramaine,, it My, to In* per$Qin Iegairy onlltiall lfierst.
<br />ter. Duties and Obligations or Trust". (a) The duties and obligations of Trust"
<br />shall be determined solely by the express provisions of the Trust Dead and Trutt"
<br />atoll not be liable except for the performance of such duties and obligations aaa,e
<br />specilically set forth herein, and no Implie G d covenants or ob11ga11or, shall be
<br />Imposed upon Truslee; (bl No provision of this Trust Dead shall require frgt" to
<br />expand or risk m9 own lunos. or otherwise Incur any financial obligation In the
<br />performance of any of Its duties hereunder, or In Oe exercise of any of Its right or
<br />powers, 11 It shall have grounds for believing that the repayment of such funds or
<br />aduqualo Indemnity against such risk or liability Is not reasonably assured 10 It: (C)
<br />Trust" may consult with counsel of his own choosing and the advice of such
<br />Counsel shall be full and complete authorization and protection In the respect of
<br />any action taken or sulfated by it hereunder in good faith and reliance therson; (d)
<br />Trust" shall not be liable for any action taken by him In good fallh and
<br />believed by him to be authorized of within the discretion or rlghte of powers
<br />conferred upon If by this Trust Deed.
<br />17.AdsitlonalSocurltylrelrurrrenta Truslor, at ita"pen", will execute and deliver
<br />to the Trust", promptly upon demand, such securlly Instrument$ as may be
<br />required by Trust". In form and substance satisfactory to Trust", cov*ring any of
<br />the Properly conveyed by this Trust Deed, which security Instruments $haul be
<br />ddlllonal security for Trustor's faithful performance of all of the terms, eoysnants
<br />and conditions of this Trust Dead. Ina promissory notes secured thereby, and any
<br />other security Instruments executed In connection with this transaction. Such
<br />Instruments shall ho recorded or filed, and to recorded and rallied, at Trlretor s,
<br />expense.
<br />1B. UN."Sheerrs.
<br />(a) In ter event any one or more of IM provisions contained In this Trust Deco or
<br />the promissory note or any other security Instrument given In Cor1neat101y with
<br />this transaction shall for any reason be hold to DO Invalid, 111OW w
<br />unenforceable in any respect, Such Invalidity, Illegality, or urentwe*e011Ify
<br />Shall, 01 the option of Baoellclery , not affect any other provision of this Trust
<br />Deed, but this Trust Dead shall be construed as If such Invalid. Illegal, or
<br />unenforceable provision nod never been contained heroin or 1Mroln.
<br />lb) This Trust Deed shall be construed according to the laws of ter State of
<br />Nebraska.
<br />let This Trust Deed shall Inure to and bind the Mfrs. Ngatgs, devleses.
<br />administrators, esecutors, succeeors and assigns of ter panles hereto.
<br />Id) Trustor shall pay *is tax" levied upon this Trust Dead or ter debt "Cured
<br />hereby, together with any May salsa of &sse$sr *nl$ which may be ISVI*d
<br />against the Trollies of Beneficiary or ter legal holder of said promissory Me
<br />on account of the Indebtedness evidenced thereby.
<br />(e) Whenever used heroin, the singular number shall Include ter plural, ter
<br />singular, the use of any gender shall Do applicable to all genders, and ter term
<br />"Beneficiary" shall Include any pay" of the indebtedness reareby secured M
<br />any transfer 1Mr"l, whether by operation of low or otherwise
<br />19. BYCWgor Trust". Beneficiary may from dire to lima substitute a successor or
<br />successwe to any Trustee named herein or acting harwlWSr to execute tats, Trust
<br />Deed. Upon such appointment and without conveyance to ter succossa Trostee,
<br />In* latter shall be "also with all title, powers, ,alb dutl" Conferr*d upon arty
<br />Trust" heroin named or acting hereunder .' Each such oppointmmt and
<br />substitution *hall be made by wrllton Inslme t by Beneficiary, Containing
<br />reference to this Trust Oeeel and its place of record, which when r — did In the
<br />office of the Register of Deeds of oho county or eountes In which said PIOPwty to
<br />situated *hall be conclusive proof of proper appointment of the Succe"M TrUMM.
<br />The foregoing power of substitution end this Procedure therefore Nub not be
<br />exclusive of the power and procedure provided for by law lot the suaelltutdn of a
<br />Trost" or TfuafMs In the place 01 the Trustee
<br />20. Forbearance by Behellelery ar Trusts* Not a W*Nw. Any torebeerance, by
<br />Beneficiary or Trust" In exorcising My right or remwy hereWder, or, pifrsnat"
<br />Ntorded by applicable law, snail not be a waiver of or proclu" the exercise of any
<br />right of comedy hereunder. Llkowl", the wNvw by BeneB.lery or Trusts of wry
<br />default of Trustor under this Trull DOW shell not be deaMd to be a waiver of airy
<br />otMr or similar defaults, subsequently occurring,
<br />21. Trestr Not RNaa"d. Extension of the time for payment or mookat)on or
<br />amortization of the "ms Secured by this Trust Data granted by Bw*fttfy to arty
<br />Succ"SW In Inleroot of Truslor shelf not operate to toles". in any mother, the
<br />liability of the original Trustor OF Tfustor'e succ rew In Inter "L Beneficary ~
<br />not be required to commence proce"Ings against such aucco*ew of tutus r to
<br />extend time for payment or other else modlly amortization of the eums Mural by
<br />this Trust Deed by reason of any demand made by the original Trustor and Truslore
<br />successors In Interval.
<br />22. Delowil. It time shall be a default under this DoW of Trust or unites any p!w
<br />mortgage, the Beneficiary may cure such default, and IM smounta adi anepo by.
<br />and other c"!$ and ""Maas of the bsneflclary in Curing Such defoun, with
<br />Interest at One default rate contained In 1ho Note Secured merrgy from the Imo of
<br />the "vane" of payments shell be added to the Indsblednaos "cur" by it" Trust
<br />O"d and may be collect" hwounder At any time after IM time of eoch "eeMAs
<br />of payments and 0all be champ to be "cured hw*Dy.
<br />23. opom to FetaNe". Upon the occurrence of any default hereunder. Bahefdlary
<br />shell have the option to foreclose this Trust De" In the menliw povd" by low toy
<br />Ine foreclosure of mortgage* on real pcpwiv.
<br />2a. TNstKe R4MS, Ab"M Defouk Until any default In the payment of
<br />Indebtedness hem*Dy soculed of until the W"Ch of any covenant herein contained,
<br />the Trustor. Its successors and assigns, shell pus "" and a" the popsny, aid
<br />receive the fonts, *no profile thwellom. Upon payment of all sums a "urea by this
<br />Trust Deed, Bsneaclary shall request Trust" to reconvoy the poWy and shall
<br />surrefdw Into Trust Dead and ail notes evelancing In"btedM" "Cured by this
<br />Trust Dead to Trust" Trustee shall Iscomey the properly, without warranty and
<br />without charge to the persons legally anlllled Intelo The Grant" In any
<br />,acertveyanc* may ter described aS the person Of Persons wlt111ed IMtNU," SAO
<br />Ohs recitals thosm of any matters or facts shall be conclusive proof of the
<br />truthful"** thereof Such person or persons Mall pay all costs of recording, if any
<br />24. ACCOWSUM In ma Evell of Trahetw. In the event the rte to sod rest estate is
<br />nanglened, or contracted to he nanstefmed, from the undefalgn" lot any fgeon o
<br />by any method whatsoever. In* will#@ principal $tire and ecCIUed intedgl shall at
<br />once become doe and payable SO in* eleCllon of the Beneficiary Failure to skel Cite
<br />this option because of transfer of title as above listed In one Insence shot, not
<br />constitute a walvw of line light to exercise lie some In the *vanl of any Subsequent
<br />transfer
<br />Ill. this do" Of trust IsI.M.,tonne®ated November 19, 19112
<br />executed by trust., to (John A. ,1 Wolf
<br />�f
<br />":Uilrig S principal not* for $ 16 ,,41 V y y
<br />, /6
<br />D0I101e and filed lot record with the blighter of Deeds end Idanliled as 1,1110**
<br />Document 01? °005031
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