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85Ialloo"A00847
<br />anti wltnoul demand, shall be immetllata!y due and Payable by Twsturrand shall
<br />hear Interest at the maximum allowable legal rate p,owdCd, however. Thal at the
<br />option of Beneficiary or Trustee such sums mar bra added to the principal balance
<br />01 any Indebtedness secured hereby and shall heal the Same interest as such
<br />indebtedness and shall be payable ratably over the remaining term lhefeol.
<br />10. Assignment of R "le, Benellcrary shall have the right power and authority
<br />during the continuance lot this Trust Do" to collect the rents. Issues and profits of
<br />the Properly and W any personal property located thereon will or wilhoul taking
<br />pusee"On of the property affected hereby, and Trustor hereby absolutely and
<br />unCOMlllonally assigns all Such rents, issues and profits to Beneficiary.
<br />Beneficiary, however, hereby consents to the Tiustor's collection and retention Of
<br />such rents, issues and profis as they accrue and become payable so long as
<br />Taator is not, at such times, In default wrtn respect m payment of any
<br />indebtedness secured hereby of in the performance of any agreemenl hereunder
<br />Upon any such default. Behaticlary may at any lime, either in person, by agent, or by
<br />a receiver to be appointed by a court, without nonce and wdhoul regard to the
<br />adequacy of any Security for the indebtedness hereby secured, Is) enter upon and
<br />take poasesslon of the Property or any pan Memel. ano in lt- own name sue lot o•
<br />Olhefwi" c0lfoci such rents, issues and profits, Inc luding those past due and
<br />unpaid, auto apply the Same, leas costs and expenses of operation and collection.
<br />Including reasonable altomey tees, upon any Indebtedness se r d, hereby. and in
<br />such order as etneftciery may determine: lb) poll. 1. such acts Of r.pan o,
<br />protection as may be necessary Or proper t0 conserve the value of the Properly. Ic)
<br />lease the same Or any part Inereet for such rental, term. and upon such condllnOna
<br />as Its judgement may dictate Unless Trustor and Benehc,a,y agree oIn.— I m
<br />writing, any application of rents. Issues or profits IO any mtlebledness secured
<br />hereby shall not extend Or postpone the due dale of the Installment payment. as
<br />prowdad In -to promissory note Or change the amount of such installments The
<br />entering upon and taking possession of the Properly. Ine collection o! such renl.y.
<br />Issues and profits, and ins application thereof as afmvsard. shall nor .erve or cute
<br />any dotau0 or notice of default hereunder or rn andale any act done pursuant ro
<br />such notice. Trustor aisc assigns to Benehday, as further security to, the
<br />Performance of the obligations secured hereby. all prepaid rents and all monies
<br />Which may have been or may hereafter be deposited w,in said Trustor Oy any Is,lee
<br />of the Property, to secure the payment n ant and upon default m the
<br />performance of any of the provisions hereoll i uslo, acre!. to delver Supt ,ants
<br />and depOS:ts to the BBnBhClery Cellvery o w.�, en. nonce of ire Benahcrely
<br />'s
<br />B..,Cie. W the right, granted h.• n 10 any hen— tic c upying said nemn -es shall
<br />the sufficient to Tartu— said tenant to pay sand rent i:: inn BenebU ,y until rurther
<br />notice.
<br />11. Loosed PfalaNak. Within 10 days after demand, Trustor Shah furnish to Trust"
<br />a Schedule CtrUlted to be true, setting forth all leases of space m the Trust
<br />Rpp*riy thin In effect, inC1u01ng, in 0atn case. the lams Or the tenants and
<br />OcCuparlta, O da rlPtiO Of the spa" occupied by such tenant no occupant, the
<br />renal payeele for Such space and Such other Information and document, .,In
<br />respect to Such leases and tenancies as the Trusts! may request.
<br />Without the prior written consent of Trustee. Trustor Shall not. directly or
<br />Indirectly, with maiml to anY teas, of SPY.! In the described promises, whether
<br />such to*" IS now or he— ?ter In existence, m) accept or permit any prepayment,
<br />discount Or advance rent payable thereunder, (b) cancel or terminate the same, or
<br />accept any cancellation, mmunatlon or Sultanas, mereol, or permit any event to
<br />OCdut which would "title the leBsN Ihemondor to terminate or cancel the same, Ic)
<br />anted a modify, the safer so s$ to reduce the term Ir ereol, the rental payable
<br />thereunder. or to change any renewal provisions therein contained; (d) waive any
<br />default thereunder or bf"Ch thereof, 10) give any consent, waiver or approval
<br />thereunder or tall* any other action In connection therewith, or with a lessee
<br />thereunder, which .Dula have Ina effect of Impairing the value of lessor' 6 iMemo[
<br />thereuedor, on the Property subject themto, or of Impairing the position or Interest
<br />Of the Trust" w Beneficiary, or Ill sell, *%sign, pledge. mortgage or otnerwise
<br />dteposool, or eme mbar, 115 interest In any such lease Or any rents. issues or profits
<br />maturing W enjoins theraullaer.
<br />12. CaMM1MYOn. It title to any part of the Property Shalt be taken In condemnation
<br />proc*adiftgs, by fsht of eminent aumaln of similar action, Of shall be sold under
<br />thaw of condemnation, alt awards, damages antl proceeds are hereby assigned
<br />ere shall 00 Paid 10 Beneficiary who Shall apply Such awards, damages and
<br />proceeds to the Sums secured by the Trust Deed, whh the excess. It any, paid to the
<br />Trustor. Trustor will promptly, and with due diligence, repair, after and restore the
<br />rerrlalning part of the Trust Property to its former condition substantially to the
<br />extent that the Sam* may be feasible ano so as io constitute . complete and usable
<br />unit.
<br />13. FtIMe AdvanOoo, Upon request of Trustor, Beneficiary, at Beneficiary's option,
<br />prior io reconvoy "S of the Property 10 the Trustor, may make future advances to
<br />the Truator. Such future advances, with Interest thereon, 0011 DO secure by the
<br />Trust DOW whin evidenced by promissory notes staling that sold notes are
<br />Secured hereby; prow Oad that at no time hail the secured principal, fututa
<br />add *ncsa, riot InCluOlnd some advanced 10 protect the 90GUritY, exceed one
<br />hundred pencenl (100%) of the original principal amounts secured hereby.
<br />ter MGM*" CVWAoMNM All remedlea provided In this Trust Dead are distinct and
<br />cumufelt» to any other right or remody under this Trust Deed or afforded by law of
<br />equity. and may beaxerceed concurrently, lie *"nd"tiy or successively.
<br />15, Ao*Wwo m Now4di s; gale. Upon detaint by T rusto, In the payment of any
<br />Indebtedness secured hereby Of in Ih* performanco of any agmialmOnl haroundef.
<br />B*r1atlClety may "dare ate sums Secured mereey Immedlelely due and payable by
<br />dof#gry, to Truol" of written declaration of defouh The Trust" shell have the
<br />Moral, of Sale of the Properly end if Beneficiary desires the Property to be Sold, if
<br />SNh deposit with Trustee this Trust Deed and all promissory roles and documents
<br />satdencing OxPe,dilules 50cufW hereby, and shell deliver to Trustee, a wfiltan
<br />notice of default and election to cause Ins Property to be sold, and the Trust" In
<br />turn Sank prepare a similar Nonce in the form required by law. which shall be duly
<br />n,W fer record ov Trust".
<br />(a) Affair the IaP" of such time as may De required by law following the record.
<br />ation Of Std nB11c* of default, and notice Of default and notice of 8810 having
<br />been sly" se laqulred by low, Twates, without demand on Trustor, Shall Sall
<br />the Property on the dale and of Ins time and place designated In Said notic0 of
<br />"IS Of PublIC SuClioo to the highest bidder, the purchase pries payable In
<br />18.141 money of the United States at in* time of sale. The Person conducting
<br />tee "le they, for any cause he deome expedient, postpone Ins sale from Ilme
<br />IO tines un111 It shoji be completed and, In scary such ca ", nohC. of p.alpone
<br />monf shot: be given by Public declaration thereof by such person at the taro
<br />and plead INS appointed to, the sale. provided. It Ina sale Is postponed for
<br />ens, in" 11) day beyond the day designated In IN notice of soft, notice
<br />thereof $sell Do given In IN some mama to IN ciflginal notice of sale.
<br />I rust" shell exSCUla and deliver In /he POfohesa, his Dead r:on,eying I" Property sold, but wilhuul any c:orenant or a 1m, ty, exp +eat tar implied
<br />/SCiafs In the Dsad of any me Ito, or tart, !hall N conclurnvs proof .1 the
<br />IMMud Mrs thereof Any person, Irnclurllng Ben0111alir, me, Pulchse. at In.
<br />0".
<br />IN WNP. Talst" stile pursuant 10 Ina Powers herein, I" Thud.! shall apply the
<br />O"Aftem Of I" sale to Payment of the tests and 9,pin —o lu nrn„t sing IM
<br />power M "to and of the "Ie. Including Be payment of It's 1 1..:11.r a yes,
<br />RD1 "shy (rk girerf. not to erG*ed °q of the sale ten 10 a'W then 10
<br />the items In suomiagt*Ph fc Um the War thus slated
<br />(elf After saying fhe ddmn slieriA ed in qubparog,apl bl it Ile .I. iI by huslar, or
<br />hhe prove, uOurt end other €osta of IOreclosud. al 1 gel. , h. Sale ie w —u., .f
<br />fp fudiCtN +of 64tOeure the tarrxeadS f sale shah.. at p ` t r Ili der sir ."
<br />to red Payment of
<br />I) r..re t(1807 evt,iq s ,I h110h - .1 ., scnt
<br />any "Snim Vamps
<br />s.
<br />,1 S PyI.T . 9. M) nrrdry
<br />t tAa r4,r, e:,,_dr. lady "Ira l,.,II.,, ..yJaliy .,,lilt.,
<br />TO. Duties and O011getlons of Truslow (a) The duties and 0 legations of Trustee
<br />,hall be determined 5u191Y by the express pt lS,on. Of Ina Trust Dead end Trustee
<br />shall not be liable except for the performance of such duties and obligations as are
<br />spec tilt any set Ipith herein. and no Implied covenants or obligations Shall be
<br />imposed upon Trustee: e) No provision of this Trust Deed shall require Trust" to
<br />expend or risk his own funds, or otherwise Incur any financial obligation In the
<br />performance of any of Its duties hereunder, or In the exercise of any of its right or
<br />powers, if It shall have grounds for believing that the fepsym"t of such funds or
<br />adequate indemnily against such risk or liability is not reasonably assured to it; IC)
<br />Trustee may Mnsult with counsel of his own choosing end the advice of such
<br />counsel shalt be full and complete authorization and protection In the respect of
<br />any action taken or suffered by it hereunder In good faith and reliance thereon; (d)
<br />Trustee shell not be liable for any action taken by him In good faith and
<br />believed by him to be authorized or within the discretion or rights of powers
<br />conferred upon It by Ihis Trust Deed.
<br />17 ANrtenal Seeunty Inelfumane. Trustor, at Its expense, will execute and deliver
<br />to Ili. Trustee, promptly upon demand, sl:ch eecurily Instruments as may be
<br />required by Trustee. in form and substance Satisfactory to Trust", coming any of
<br />the Property, conveyed by this Trust Deed, which Security InsIm ants snail be
<br />old s10 .l security for Trust.,, faithful performance of all of the terms, covenants
<br />.no condrtiona Of th,s Trust Dead. the promissory notes secured hereby, and any
<br />omen secuhly inaltumenis executed in connection with this transaction. Such
<br />Instruments shalt be +acorded or filed, and re -worded and rallied, at Trwtoes
<br />..Dens.
<br />la. MMNNOIWOM.
<br />Is) in the event any one or more of the provisions contained In this Trust Dead or
<br />the promissory note or any other security instrument given In connection with
<br />This transaction Shea for any reason be held to be Invalid, Illegal or
<br />unenforceable in any respect. such Invalidity, Illegality, or unanforesablilty,
<br />shall, at the option of Beneficiary, not affect any other provision Of this Trust
<br />Deed. but this Trust Deed Snell be construed as If much Invalid, Illegal, or
<br />unenforceable provision had over been contained heroin or therein.
<br />m) This Trust Demo shall be construed according to the laws of the State of
<br />Nebraska
<br />tc) The Trust Deed shall Inure to and bind the hells, legatees, d"I&O",
<br />admlmslrators, executors, successors and assigns of the parties hereto.
<br />jd) Trustor shall pay all tams levied upon this Trust Dead or the debt Secured
<br />hereby. together with any other taxes or assms9ments which may bin loved
<br />against Ine Trustee or Beneficiary or the legal holder of sold promissory note
<br />on account of the nndebledness evidenced thereby.
<br />(a) Whenever used haler, ! -. a .gular number Sheri Include the plural, the
<br />singular, the use of any geode, shell he applicable to rill genders, and the term
<br />- 'Bs"ficloly Shall "Woe 81Y Pay" of the inderess hereby secured or
<br />any transfer therredl, a n,ther by operation of la biW
<br />w or €nherwlse.
<br />10. Successor Trust". Beneflctery may from time to time substitute a successor or
<br />successors to any Trustee named herein an acting hereunder to execute this Treat
<br />Dead. Upon such appointmenl an o without conveyance 10 the fuCCaaaOr Trust**.
<br />the later shall be " too with all ill10. Powers, and out" conferred upon any
<br />Trusts herein named or acting hereunder. Each such appointment and
<br />substitution shall be made by written InstrumMd by Beneficiary, Containing
<br />reference to this Trust Dead and Its place of accord, which when recorded In the
<br />office of the Register of Deeds of the county or counties In which Sold Drop" Is
<br />situated shall be conclusive proof of proper appointment of the succosec r Trustee.
<br />The foregoing power of substitution and the procedure Iherel" atoll not be
<br />Sxcfustvo of the power and Procedure provided for by tow for Ihe substitution of a
<br />Trust" or Trustees In the place of the Trust ".
<br />20. FoRleeattce by Benefciary or Treat" Mel a Welver. Any forebeerancer by
<br />Beneficiary or Trust" In exorcising any right or ronady bsroutMar, or olh*rwlee
<br />afforded by applicable law, shall not be a waiver of or preclude the exercise of any
<br />right or remedy hereunder. Likewl". In* waiver by Beneficiary or Trustee of any
<br />default of Trustor under this Trust Deed shall not be deemed to be a wolves of any
<br />other of similar defaults subsequently Occurring.
<br />21. Trwter Not Nelessed. Extension of ins time for paym*nl or modification or
<br />amortization of the Bums secured by this Trust DOW granted by Beoeliclery to any
<br />: amortization
<br />In Interest of Testa &hell not operate to relNN, in any msntler, IN
<br />liability of the Original Trustor or Truster '8 succoasor In interest. BBnehClery shell
<br />not be required to commence proceedings against such successor Or talkies to
<br />ea1Md time for payment or otherwise modify amortization of the sums aedured by
<br />this Trust Deed by reason of any demand made by the Original Truster are Twelofb
<br />successors In Interest
<br />22 D*fe1dL If those snap be a default under Into Deed of Tryst or under any prior
<br />mortgage, the Ise"ficiary may cuts such default, and the amounts advanced by,
<br />and other costs and e.p*nses of IN beneficiary in curing such default, with
<br />Interest al the daraull ate contained In the Note secured hereby from IN time of
<br />the advances or payments shell be added to the Indebtedness secured by Ihis Trust
<br />Deed and may be collected hereunder at any time after the time of such advances
<br />w payment$ and shall he d"mad tops secured hereby.
<br />23 Opll" to Paneled*. Upon Ins occurance of any default hereunder, Beneficiary
<br />Shan have the option to torecloso this Trust Dead In the manner provided by law for
<br />the foreclosure of mortgages on real property
<br />24 TnselS Rlptte, Absant Daault. Until any default In the payment of
<br />r,0 "tednee* hereby severed or until the breach of any covenant NmIn contented,
<br />the Trustor. its successors and assigns, small posses! and enjoy the property, and
<br />recelve ins rents and profit. themifom Upon payment of Oil sums aBCtlred by this
<br />Trust Deed, Beneficiary shall raque%1 Trust" to reconvey the pmp0,ty and *hall
<br />surrender this Trust Dead and .II noes evidencing Indebtedness secured by this
<br />Trust Dead 10 1lu%tee. trustee shalt ,"convoy the property without warranty and
<br />without ,haigo to In* persons legally ontlllad thorsto. The GfatllN in any
<br />a Onveyalle may an de enhed as' -the person of persons entlllad thereto:' and
<br />:hethe recitals therein of any ;,altar* or fact% *hall to COrlclu$IW plp(1/ of the
<br />tnelaur Such pe+.un or persons Shell pay ell coals of receding, if any.
<br />25 AGO*WstlOn In IN livOnl Of Titnefa. In the event the this to "td real estate is
<br />ImnolefteJ or cnntm€ed IO be I— Werre,d, from the undersigned lo, any reason or
<br />by any method .hale "her, the allure principal Sum and aCCrued InWrtal shall at
<br />once become du. and potent. s1 Ih. election of the Beneficary Failum to axerci"
<br />1M6 option bPGaune of han%fer o, title as adorn staled in no instance -hall npI
<br />institute s waive, M the r,pill lu .verc l.. Ili. Sam. m it'. ...of of any wbxoquonj
<br />„ansfe,
<br />NI Ifhadowoft a,,@lun 1_l adelad An};ust 2e, 1984
<br />N(1rwSL Bank Grand Isl.TlTd, N.A.
<br />e%Oculed by T,uslu, lu . Trust".
<br />Willing nnmha nneror y54,097. 3..
<br />Doll.m and 111M fn ..ern whh 1". Register of Dead, old identified a9 follows
<br />84 -004 11 ii
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