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and, without damerWrfafiall'bB Imo tely due and payable by Trus a an shall
<br />boar interest 01 the maximum allowable legal rate provided, however, that at the
<br />option of Borah Clary or Trustee such sums may be ddoed to the principal balance
<br />of any indebtedness secured hereby and snail bear the same interest as such
<br />Indebtedness and shall be Payette ratably over the remaining term thereof.
<br />10. Assignment at of pants. Beneficiary shall have the fight, power and authority
<br />during thecontlnlance jot this Trust Dead to colleel the rams, issues and profits at
<br />saw
<br />in Property and at any personal property located thereon with or without taking
<br />111 posseeslon of the property affected hereby, and Trustor banally absolutely entl
<br />unCad1110 all, assigns all such rents, issues and profits to Benefictary.
<br />Banenclary, however, hereby consents to the Trustor's collection and retention of
<br />such rents. Issues and profits as they accrue and become payable so long as
<br />Trustor Is not, at such limes, In default with respect to payment of any
<br />indebtedness secured hereby or In the performance of any agreement hereunder.
<br />Upon any Such delauit Beneficiary may at any time, either in person, by agent, or by
<br />a recelvef to be appointed by a court, without notice and without regard to the
<br />adequacy of any security for the Indebtedness hereby secured, lo) enter upon and
<br />take possession of the Property or any pan thereof, and In Its own name sue for or
<br />otherwise collect such rents, Issues and profits. including those past due and
<br />unpaid, add apply the same, less costs and expenses of operation and collection,
<br />including reasonable attorney fees, upon any Indebtedness secured hereby, and in
<br />such order as Benetmisry may determine; (b) perform such acts of repair o:
<br />protection as may be necessary or proper to consorve the value of the Property: IC)
<br />I"" the Same or any part thereof for such rental, term, and upon such conditions
<br />es Its Judgement may die late. Unless Trustor and Beneficiary agree otherwise in
<br />writing, any application of rents, Issues or profits to any Indebtedness secured
<br />hereby shall not extend or postpone the due date of the Installment payments as
<br />provided in said promissory note or change the amount of such Installments The
<br />entering upon and taking possession of the Property, the collection of such rents.
<br />Issues and profits. and the application thereof as eI.a.l d. shelf not waive a, cure
<br />any defauh or notice of default h.roundet, or invalidate any act done pursuant to
<br />Such notice. Trustor also assigns to Beneficiary, as hether security for the
<br />performance of the obligations secured hereby. all prepaid rents and an monles
<br />which may have been or may hereafter be deposited with said Trustor by any lessee
<br />of INS Property. to secure the payment of any rent. and upon default in the
<br />performance of any o1 the provisions Normal. Trustor agrees to deliver such rents
<br />and deposit$ to the Beneficiary Delivery of written notice of the Beneficiary s
<br />exercise Of the rights granted he"e". to any tenant oc Cupy�ng said premises shall
<br />be sufficient to require said tenant to pay said rent to the Benellcfary until further
<br />notice
<br />11
<br />11. LmS"d RfemMS. Within 10 days after demand, Trustor shall furnish to Trustee
<br />a School certified to be true. Sarong font, an leases of $Vacs in the Trust
<br />Property than In affect, Including. in each case. the name of Ino tenants and
<br />occupant, s description of the :Dace occupied by Such tenant and occupant, the
<br />rental payable fm Such space end such other Information and documents with
<br />"HlWt retouch teases end tenancies as the Trustee may request.
<br />Without the prior written consent of Trustee. Trustor $hall not, Olrectly or
<br />(nthfectly, with respect to any lease of space In the described premises, whether
<br />ouch ISaee t now or hereal in existence, (a) accept or permit any prepayment,
<br />dlsrourl or advance rent payable thereunder; (of cancel or terminals the same, or
<br />accept any cancellation, termination or surrender mental, of permit any event to
<br />Occur WMCh would entitle the lessee Ihot ound it to terminate or ca nest the Sable; to)
<br />Smell ot modify the same so as 10 reduce the term thereof, the rental payable
<br />thereunder, or to Often" any hindmost provisions thereon contained; to) waive any
<br />default tnaromindef or breach thoWl; (e) give any consent, waiver or approval
<br />thsteundar or tarts any other action In connection therewith, or with a lessee
<br />Ihwoundw which would haw the effect of Impairing the value of lessor's Interest
<br />thuNmnMr, on the Property subject therol0, ce of Impairing the poeillo. or Interest
<br />of the Trustee or Beneficiary: or try soft, assign, pledge, mortgage or otherwise
<br />dispose of, m one most, its Interest In any such lease or any rents, Issues or profits
<br />tpuaeg or mass" th .it..
<br />12 CMMa1meNOR it to iid, to any part of the Property shall be taken in condemnat Ion
<br />proceedings, by light of eminent domain or similar action, 8, Shelf be sold now
<br />tmiN of condemnation, all awards. damages and proceeds are hereby assigned
<br />and enNl bid paid to Beneficiary Who shall apply Such awards, damages and
<br />probseds to the sums secured by the Trust Dead, with the excess, It any, paid to the
<br />Twendo Trustor will promptly, and with due diligence, repair, allot and restore the
<br />rertralOisg pert of ine Trust Properly to its former condition Substantially to The
<br />eateln Our the Mme may be feasible and s0 as to constitute a complete and usable
<br />unt
<br />13. Is am AMnows. Upon request of Trustor, Beneficiary, at SenSllclory's option,
<br />poor to reconvar alce of the Properly to the Trustor, may make future advanced to
<br />the Truslis. Such future advances. with informal thereon, $hall be Secured by trios
<br />Trust Deed when ewdeCCed by promissory notes stung the[ Amid note. are
<br />"Curtd nare0y. provided that at no time :hall the secured principal, future
<br />adVaricee, net including sum. advsnted to protect the Society. ".cried one
<br />aWc@nl 1100%% of lie ongotal principal amounts secured hereby,
<br />14. ASewdas COasldo*", Ali immediate provided In this Trial Dead are distinct and
<br />.wheesrie many Caner, right or remedy undo, In,$ Trust Dada of afforded by isw or
<br />squity, aid may bseaaiw"0 concurrently, Indapend @ntly at successively.
<br />13. MataNee; DNS. Upon default by 'i rusior In Ine payment of any
<br />I Noumea hall of to the performance of any agreement hereunder,
<br />BOrAOftWy may declare ail sums "cured hereby [mmerdistoly Out and payable by
<br />6*Wmv to Trustee or Am rill" decwrsbon of default. The Trust" Mall hew the
<br />POwu or sate Of the Property and If Beneficiary diamonds the Property to" sold, 11
<br />Shea dopmfl with Trust" this Trust Deed and 011 pfomissidry notes and documMt
<br />wtaeremg esperdnu+" secured Nerety, and Mall deliver to Trust ", a arnitmn
<br />AM" Of gNOUII ON MOVION to cause the Property to be "Id. and the True]" In
<br />lurn shalt proper$ a simusf Notice in the form required by low, which shelf be duty
<br />filed low fac'ord by Trusl".
<br />tee$ After lte lap" of such time as may the required by law following the record
<br />"N's, of sefd notice Of default, and notice Of default and notion of Me haying
<br />be" given 60 (89,(89,601d f by few, Trust ", without demand on Trusts, Shan "II
<br />the Property On ine dale and at the time had place designated In ford notice of
<br />dew, of publro Switch to the high "1 bidder, the putcha" price payable In
<br />faWfuf mercy Of the United States at the Irma of sale. The Person conducting
<br />the "N may, far any eau" he daerha expedient. Postpone the sale from time
<br />10 t11M until 11 marl be competd end, In every, such come, notice of postpone,
<br />nerd "I bs given by pubfiC declaration Iher.of Oy such person at ine time
<br />anti pace eN eoWrtW far me sale; provided, If the "le to pomponed for
<br />longer than It) day beyond INS day doollinaled In the notice of mete. notice
<br />tttel"f than be given In the "me Mother "the original notico of sale
<br />Trust" 0911 001 and dailver 11, INS puri,pemer he Deed conveying I"
<br />eo
<br />Pierty sold, but without My covsnanl or warrenty, expires, of Implied, Thm
<br />feqttae i0 Ine Does of any matters of fact shot) be conclusive proof of the
<br />tMthlwins" tfwl "r. Any pormon, Inclealog Beneficiary, may purchase at IM
<br />"fe.
<br />mi Whom Trualoo Mile punwonf to the Iw>vyers harem, the Trum" Shen apply mm
<br />0,000049 Of in* Me 10 Payment of the cbelo and srpeneae of exefr,lsing the
<br />Paso Of as* and Of IM "e. InOlutr rte payment ul INS Tru At.. a Far,
<br />"{uNty IntiWred, not to axes" �1 r,. or inn M. 1,1110, and than to
<br />ono oterts to OV"D(ot In the bider m01e stater)
<br />Hit After payl"the dams W.ifNd in euMs91 "fepnnut fir nisi "ISbylnut ".w
<br />the proper (,Owl and other r:osto of loticiosue, rid r As u *1 . sere le pvrsuan•
<br />fn jMhGimf I.rK.insurr, the peme@ds of ems shall 1M,pV Mo,n Ili. nj., staledd
<br />41, 1. payment .ref
<br />,Sereree), ev«deoca'If fit'. It"..'rarle. ,.pn,,.rilun w tel 1.11 I, Art. Al lit
<br />only revonue afemV..
<br />i A11 Teof:s the„ "r.ulmn l nmry
<br />• .,II re 101r.aindn, ifi nny i„ tied viow.h isgmliy ill lino tr.,r,yi.
<br />85- 000790
<br />18. Duties and Obllgafiens of Trust ". (a) The dunes and obligations of ?ruatme
<br />shall be determined solely by the express provisions of the Trust Dead and Trustee
<br />Shall not be liable except to, the performance of such duties and obligations as are
<br />specifically Set form herein, and no Implied covenants of obligations Shall be
<br />Imposed upon Trustee; (b) No provision of this Trust Deed shelf require Trustee to
<br />expand or risk his own funds, or otherWlSo this any financial obligation In the
<br />performance of any of Its duties hereunder, or in the exercise of any of Ile right or
<br />Power", If It shall have grounds for believing that the repayment of Such funds 0r
<br />adequate Indemnity against such risk or liability Is not reasonably assured to 1t; (d)
<br />Trustee may ronsult with counsel of his own choosing and the advice of Such
<br />counsel Shall be full and complete authorlZallon and protection In the respect of
<br />any action taken of suffered by it hereunder In good faith and reliance thsfeon; (d)
<br />Trustee shall not be liable for any action taken by him In good faith and
<br />bdileved by him to be authorized or within the discretion or rights of powers
<br />conferred upon It by this Trust Deed.
<br />17. Additional Security Inetromest. Trustor, at Ira expense, will execute and deliver
<br />to the Trustee, promptly upon demand. duct. security Instruments as may be
<br />required by Trustee, In form and substance satisfactory io Trustee. Coveting any of
<br />the Pr011 Conveyed by this Trust DOW, which security Instruments shelf be
<br />addltiOnal security for Trusters falthlul performance of all of the terms, covenants
<br />antl cond11Ions of this Trust Daed, the promissory notes doctored hereby, and any
<br />omer sac u Illy In strument. executed m connection with this transaction. SOCII
<br />les1w nts shall he recorded or toed, and re-facoread and rallied, at Trumides
<br />A.Peesr
<br />to ulo esanse".
<br />(al In the event any one or more of the Proylslons contained In this Trust Used or
<br />the prom ssory note or any other security Instrurfent glint In wm»cnon with
<br />[his transaction shall lee env r"wn be hold to be invalid, ]lisp) of
<br />unanforcesbe In any respect, such Invaldlty, Illegality, Of unenforOoSbllity
<br />snall, at the option of Beneficiary, not affect any otter provision o! this Trust
<br />Dead. bin this Trust Deed shall be construed as If such Invalid, Illegal, or
<br />uneniorceabie nrovtslon had never bash Contained heroin or ttt"n.
<br />lot this Trust Dead shalt De construed according to the laws of the State of
<br />Nebraska.
<br />let This Twat DOW Shell Inure to and bind tie heirs, legataes, devisees,
<br />adm mislroror+_. ezecutors, 3.CCessOrs and designs Of the partle , hereto.
<br />Id' Trustee Small pay all taxes [Stood upon this Trust Deed or the debt Secured
<br />hereby together ai th any other taxes or assessments which may be hall
<br />against INS Trust- or Benehcl.ry or the legal holder of meld promissory, note
<br />on account of me indebtedness evidenced thereby.
<br />lei Whenever used herein, the singular number shall Include the plural, the
<br />singular, the use of any gender shall be applicable to all genders, and the term
<br />"Beadle ary shall Include any Day" or the Indebtedness hereby $@Cured or
<br />env iranslte mereof whether by operation of law of pihetwte.
<br />19. Sueoaaser Trw1ee. Beneficiary may from time to firms substitute a successor a
<br />successors to any Trustee named herein of acting flpdunder to execute this Trust
<br />David. Upon such appointment and without convaya,ice 10 the successor Trustee,
<br />the letter Shall be vested with all title, powers, and duties conferred upon ury
<br />Trustee heroin named or acting hereunder. Each such appointment and
<br />Substitution an*[' be me" by written Instrument by Beneficiary, containing
<br />reference to this Trust Deed and Its place of record, which when Worded In the
<br />office of the Register of Deeds of the county or counties in which said property, is
<br />situated shafi be Conchniva proof of proper appointment of the Successor Trustee
<br />The foregoing power or substitution and the procedure therefore shall toot be
<br />exclusWe of the power and procedure provided lot by taw for the substitution of a
<br />Twat" or Trustees In the place of the Trustee.
<br />20. F*fb" m by S*hOf "M er Tfdelmm NW a WONW. Any forebaarence by
<br />Beneficiary or Trustee In exorcising any right or remedy heeeunow. or INhsnywe
<br />afforded by applicable law, shall not be a waiver of of preclude the exercise of any
<br />right or remedy hereunder Like toss, the waiver by BanNlclary Or Trustee of any
<br />default of Trustee under this Trust Deed shall not be chanted to be a wsiyu of any
<br />other or similar defaults suoeequenlly, occurring
<br />21 Theories Nat RONSees. Extemolon of the time for payment or moaHballon or
<br />amortization of the sums "Cured by this Trust Dena granted by Bsnelicisry to any
<br />successor in Interest of trustor, tlhell Not operate io rows". In any mYmer, the
<br />liability of the original Trustor or Trustor s successor in mterset. Bait01 livy shall
<br />not be required to commence proceedings against such succMSOt or refuse to
<br />extend time far Payment of otherwise modify artortKellon of the "Itte Secured by
<br />this Trust Dead by reason of any demand made by the uighnsi Trustor and Truelove
<br />succasson I. Interest.
<br />22. DNlndl. If there Shall be a dsteuit under the Dora of Tru01 or unow any pier
<br />mortgage, me Beneficiary may cute such umisun. end the amounts advainfew try,
<br />and other cost and expenses of the bsneticlary, In curing own *@fault, with
<br />Interest at the default rate contained in the Noe secured notably from the Ilene of
<br />live edvances or paymonta shell be added to the 1flMbedrwsa "Geed by true Truer
<br />DOW and may be collected hereunder ai any 1[n d stiff the time N such "*hones
<br />or payments and Shall be deemed 10 he Secured hereby.
<br />23. Option to F6eefeso. Upon trio occurance of any default ner "rlder, Beneficiary
<br />shall have the option to loreco" this Trust Deed In the manner provde* try law for
<br />the foreclosure Of mone"GO on r "i property
<br />24 TMMWG Righfe. AlloMM Default. Until any default in the payment of
<br />Ind"tedn@93 hereby domeed Or until the breach N any covenant hereon Contained,
<br />the Twolor, ita suconasors and assigns, shall poeease and enjoy the property, and
<br />SCOive IM rants and Profits Iherafroon Upon payment of oil sums secured by this
<br />Trust Dead, 80nefeelary shall inquest Trust" to reeonvay ine paoletty so* Shelf
<br />surrender this Trust Demo and all holes evidencing Indebtedness "cured by thin
<br />True' Deed to Trustee Truttea shalt lemnvey ate property without warranty and
<br />without charge to the porean9 legally "blued thereto. The Grant" on any
<br />reConvayonce may be "RCllhed as "the volapn Or persons "Oiled th"O.' end
<br />'he laclfale IMroon of any matters or facts Snet De conclusive picot at ilia
<br />Iru1h1u1oe9a thereat Such threan or pai Shelf pay all Coale of recording. It any
<br />25 ACC*Wasait to Me Event N Trsheffe. In the event the title to sold feel ee1Ne w
<br />Itanstom ed, 01 C.OHVacIMI to" Iransrare0, from the i nder"O" rot any PS&W of
<br />by any hemit"l wnalefevm fin .note Prinupal sum and accruwJ Infer "1 Shen at
<br />once lecame due end Payable .I TIM reclnm of Ili. Beneficiary. F allute to *,sec." Inca option ["tall" .f transfer i':f 11110 mS above staled In Oita (balance Shell not
<br />conalltuto a yy9iver of tho r'Ohl in ri 11 Inn Simon the event ul any subsequent
<br />hanster
<br />2o. This dead of 11.01 w1umorto""doled Noiiv
<br />mxacnrtad by Truster lo Trustee, '
<br />^sy
<br />"curing a princlpai bale for
<br />ton"S and IIIW Inn re,:Ofd *1111 fine ftagletmf Of Oned. and lrenlul" am outfoxed.
<br />T+'
<br />
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