|
�..� 002586
<br />and, wnhOvl Cenland. "100 immediately due and payable by Trust.( and Shall
<br />E. boar tntwest M the maximum allowable loot late; provided, no eve?, that at IM
<br />OPItOn of ®enefiClary fir Trustee Such sums maybe added to Ihe pllnClPal balance
<br />E of any inMbtldnes, secunad hereOY and ahelE bear In! •• mteresf as such
<br />Indebt*dne"* a,d SMIt be payable ratably over tho ;ohr mg firm Incisor
<br />l0. ANlgnnenl of Rarle. BO•nul,c.ary Shall have the right. power and authority
<br />during IM Continuance lot :his Trust Deed to collect the rents. Issues and profits of
<br />the Property and of any personal properly located thereon with or without taking
<br />pes"natOn Of the prOpsny affected hereby, and Trustor hereby absolutely and
<br />�S YnccntlttlOnally assigns all Such rants, issues and profits to Beneficiary.
<br />640011CfWY hOwever, hwObY Consent$ 10 ins Trust& * Collection and retention of
<br />Such fonts, issues and Profits as they accrue and become payable ad long as
<br />Trustor is MI. at such times. In default with respect to payment of any
<br />Indebtedness Secured notably or in the performance of any agreement hereunder.
<br />Upon Aay such de M
<br />fault, Beficlary may at any firs, either in person, by agent, or by
<br />a tectvw to be OPPOrhted by a court. without notice and without regard to the
<br />adequeCy Of any "cult' for the Indebtedness nersby Secured. (al enter upon and
<br />tale Pc " Sion of 1M PrOperlY Or arty Part Iheroof, and In its own name sue for or
<br />Oth$fwiu collect such rants, i$$"a and profits, mcluding those pest due and
<br />unpaid. Ad apply ins Seine, loss Cost$ and expenses of operation and collection,
<br />f kAhftg r9A*Onabe attorney, fees, upon any Indebtedness Secured hereby. and in
<br />such elder ee Beneficiary may delermtrsi ID) perform Such acts of repair or
<br />prOWliO AS may be heteesary of proper to conserve the vacua of the Property; (c)
<br />lA the Seine or any part thereof for such rental, term, and upon ouch conditions
<br />"Its ludgemsM may dictate Unless Trustor and Beneficiary agree otherwise In
<br />venting, any Application of rents, ras4t$ or Profits to any Indebtedness secured
<br />twmby shall not extend Or postpone tole due date of the rislall ortl payments as
<br />Provided In "d WOMISSM note of change the amount of such installments. The
<br />Sneering upon and taking possession of the property. the collection of such rents,
<br />le*xe* and profits and the application thereof as aforesaid. Shan not WSwe w cue
<br />any default Or notice of dolavlt heneunde:, or Invendale any act done pursuant to
<br />such roflce. Trustor, a ?" Al 1pn@ in Beneficiary as rurthe, security for the
<br />PO"OMSM8 of the Obli90110h$ secured hereby . a prspald rents and ail manias
<br />which may nays been or may hereafter be deposit o M sale Trustor by any lessee
<br />01 the NOpefty. to secure the payment o! any rant, and upon default m the
<br />Womn nCS al any Of the Provisions ",-I Trustor i g'enS to derv., such rents
<br />And ft0O its to the 841011Ctah Dairvery of -,'fish nor: a or Ins Deanclarys
<br />SxMCI" of the fights granted he,frn_ !a -• • ^-ant ocC,Vy g said Promises Snell
<br />be sufficient to redu're sold tenant to pay S-10 ^ ^r ra Ihe Benel, any unlit farmer
<br />notice
<br />11, Lessand P AS lleee, Within 10 clays after demand. Trustor shall furnish to Trustee
<br />a Schedule terrifies to be thus. Getting fonh sit i"Ns of space in its Trual
<br />Property then In effect. Including. in each case. !he ams of the tsants and
<br />occupants, a description of the Space occupied by evict) want had occupant, the
<br />renal p lyabe for Such sp"o and such other Information aria documents with
<br />reep"t toS h POS"S And taanci" as the Trust" may fogwst
<br />Nflthitut la Prior writtso CMeaml of T,uai". Trusty Mall not, dl,Wtly Or
<br />"Wwfttly, with rs wl to any lease of space in the described C4 Pie", wMthef
<br />such INN Ile now w areatit, m sxelance, iA) accept col WmIt any prepayment,
<br />OW* l w adverx# —1 P.Y.W. "Win,nder. (OP cancer W terminate the "m *, or
<br />aclow My Cancellation, fMmiatlon or tuhandw Ihernot w permit any avant to
<br />OCCUS, wh/Ch would anlnle the t"a" thdreu d. 10 isrmmate or cancer the same: Ici
<br />tllend or modify its enema " as to reduce the term therpf the rental payable
<br />1 WW04w, Or 10 change arty rwt*nel PrOrefpna ttwgtn conbiad. (4) waive any
<br />0~ lbom naw Of breach Insect, IS- gM any consent, waiver w approval
<br />titwaunow w take any other action 'n connection trorewtih, or with a 1"""
<br />tM/w14w, y n"Ch wOud hew Ins effect -1 Impa:nlg the -stut 01 lee@Or'a Interest
<br />lh wdw, Oil the PrCPafiy eubioct therwo, or Gits posltion or merely,
<br />al w thin l
<br />Trustee w Bwlaficary. of If' sell. Assign, pisdge, mortgage or otherwl"
<br />dlspote0/, Or encumber, , its tAlerNi in any Oxen INN or Any rents, issues or profits
<br />IaWing a Areng trwr rK ,
<br />12 D*IlaeeredM 11 tiffs 10 Any Pan Of the Prop" Shell be token in condemnation
<br />P/Opading", by right Of emlrenl domain w similar aCldn, 8r shall be Sold under
<br />tfttNt of oondw fmoton, all awards. OAm*V" and procaads lee Mraty "signed
<br />And slats be "d 10 ItenefrciOry who shall apply such awards. damages and
<br />PfOOSO" to the writs secured by the Trust Deed, with the excess. If any, paid to the
<br />TMOIw. Truaiw -fit promptly, and with due amps.—. ,spa", altar And r "two the
<br />rOR*Wdng PW1 of the Trust PtOpefty to rte former condnlon substantially to IM
<br />"teat that its Nme may be teealbl* and so AO to c4 stltute a complete and usable
<br />U"
<br />I$. PON" Mgnaea- Upon factu"f of Te"IM. (Ieancrary. at Wmficlary* option.
<br />Pori to reccm,"Ance of use Property 10 the Truefw, may make lulur@ Advances to
<br />the Tnrata. Such future advent", with iM#rsef the,ecn, $Mall be esCUad by fills
<br />Trust Doed when evedenced by p,om." not" Ogling that Said nor" are
<br />Secured notably: p,Oyidp that at no time Snell the "Cured principal, future
<br />advances, not including sums advanced 10 Protect the seCutly.. exceed one
<br />hWKNW PWr tt100%l of tMorgiai wincipel amounts Secured heresy
<br />14 MW440M Cwladss". All r&mWlee Provided In IN. Trust D*ed Ste dletlnct and
<br /><uMWWM id Sny Ottlw fight a (sriady under this Trust Dead of Stiorded by law of
<br />ORU". and MAY be exercisw COAPUfMtly, i,41"014erltty w succ *eervely.
<br />Is, MINWM"* : Mareetss; Bala Upon default try Trwtw m PM payment of wry
<br />etOU,ad +oeby Or in fa WMMGrce of any Ogreamant Meuldo,
<br />may dKWO ad sums "anted M+sby tmmNlately due and payabe by
<br />dMNwy to Trust" of wnitleff Orlcku"ilat ar darw)f. The Trust" * e,# ha, the
<br />mww ef "le of ft Ptopetty std d Bwettclwy San" the Property to be said, It
<br />MWV wp"ll with Tnol" tfN* Trivet Deed and to Von"aary note* AM dutuments
<br />fAP*r sttuee Neared RMNy, and ►het) d*liver to T,ugni A waiter,
<br />I'Op" Of d~ and Vachon 10 cause IM PrOparty 10 be pfd, and the Trustee in
<br />turn Man pt*peto • similar Ndnos 1n the forme npyn#O by law. which *hall be duty
<br />sled lei teswd by Trust"
<br />M AMr the epee of such here AS me, oe ".000 by I" following she reco,d-
<br />atidn of 9" My"04, of d*teum. and holies of default will mot" Of sae haying
<br />bean gn+n M maul," by law. Trust", a ltbfhlt demand On Truslw, anti 9wl
<br />IM PPepeny an the data Oro At the rims And MOOS d"greted in "d mXPCa or
<br />"e. t public eWtiwn to the highest bt*w. the pucMee price psyebre In
<br />ewlu money Of the Urvn" Slat" -1 the lime O1 salt TM person covbuc1mg
<br />the able mey. for any coca" M deems Aso unfill POSIPPhe IM "is Prom lira
<br />Ill IMe WHU If OaN be compiefp And rn every Such cares. holIC* M preteen',
<br />Met" ttefl ea giytl by PorMIC detention thereof by Glitch pwswr al the time
<br />fro pilots leer feu and "le. Proyit*(, if its "to in poestoomm for
<br />wq w than 11) day beyond the "y d"gaed in PM MPs" of "cif notion
<br />"weal Mti be $44- In the some manner, as the wl9me4 halite Of "to
<br />f,ualep sheh "scuts end dwivef M its purcha"r his Deed Con,yilg the
<br />property Sold, Oul witniDdi any covenant Of werfanty, expr "s, a tmwiw TM
<br />HwPisrs M the Dead Of any matiws of facts shall be cO,cluenne prop, of the
<br />li4tMUW4" fiumew A" parson. including IeMhClery. may pum,"AA# Al the
<br />"I*
<br />M When Trust" awe Pursuant to IM so"* nwolfl. its frost" Shall "peY the
<br />spftoe" of one "e to payment of the costs and *xperO" 4, ava"..'Rov the
<br />ssmlm M surfe and of the "o, iM4.fF q the Pall".1 or the rru64sws ales
<br />m*Wf*A mit to NOS" .. . % If IM "le wire, and thorn t;;
<br />the Kane in wbParagraph iS) In into draw that# listed
<br />is? ft'W ylymq 90 ~0epeelffad In subparagraph mil it. _4y by !•ual" fir
<br />wo waft 614 usfwf u "to so lorer;io*ufe And anus " the Sil" Iv 0cara..ant
<br />10 04VAM %W"100. the pf Kcaoft Go too oral tI- app 'lee} r, InP - rr1a+ @later'1
<br />KING ofirmifirrit of
<br />+ G�ypjW Any ahnitnue 9i Pie a3+u ;a, *sd In ,• >u,Hrsr.ilc w'tn yxtn sae and of
<br />any rsaOattA els"n,
<br />tom, ale :came PhWe SeowraT °'anew.
<br />rvi `Pe rMreinder rl egg IY•tfM per AEVr�'Pgrlliq bPdirieel er =aver„
<br />1s. Dorn" sole Obligations of Trust". re) The duties and obligations of Trust"
<br />shall be determined solely by the express provisions of the Trust Deed and Trustee
<br />:hail not be liable except for the performance of such duties and obligations a" are
<br />specifically Sol fonh herein, and no Implied covenants Or p llig4tlons pall be
<br />ImPOW upon Trustee; (b) No provision of this Trust Dead shall require Treat" to
<br />expand w 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. it it shall have grounds for believing that the repayment of such funds or
<br />adequate Indemnity against such risk or liability Is not reasonably assured tO 11; (C)
<br />may ay tlonsul with counsel of his own choosing and the advoe of ouch
<br />counsel shall a lull and complete Authorization and projection In the respect of
<br />any aetlOn taken Of Suffered by It hereunder In good faith and r9liands Ihar*Oni (d)
<br />Trustee shall not be liable for any action taken b/ him in good faits and
<br />bail*ved by him to be authorized or within the discretion or rights and OI DOriM
<br />00nferfed upon If by this Trust Deed,
<br />17. A/NNenal BebufltY ImUunwnk. Trustor, M its expOMe, will execute and dellvar
<br />to the Trust ". promptly upon demand, such security Instruments as may be
<br />required by Trust ", in form and substance satisfactory to Trustee, covering any of
<br />the PrOpsoy conveyed by this Trust Wad, which Security Inalruments shall be
<br />additional security for Trustor's faithful Performance of all of the terms, covenants
<br />and conditions of this Trust W", the promissory notes Secured here Y, and uyr
<br />other Security Instruments executed In connection with this IrsnsecliOn. Such
<br />InGlm~ts Shell a recorded Or tiled, and rerecorded and rallied, at Trusters
<br />expsoN.
<br />1E. MMa*Mafeees.
<br />(a) In the event any one or more of the provisions contained In this Treat Deed or
<br />the Promls" nor* Of any O1hw security inatNfMnt given in COhMCtial with
<br />this transaction shall for any reason be held to be Invalid, Illegal or
<br />unenforceii in any respect. such invalidity, Illegality, or unanjorcnablllty
<br />-hall, at IM Option of Beneficiary, not effect any other provision of thin Trust
<br />Deed, but this Treat Wed shall be COeirued a* If ouch Invalid, Illegal, or
<br />uaMnrceable provision had never been contained Mein or therein.
<br />(III This Twat Dead atoll be construed According to the laws of the State of
<br />Nsbfssks.
<br />Ici This Trust Deed shall Inure to and bind the hwrs, legatees, dwvt"".
<br />Administrators, axacutofe, aucc "sae aM assigns of the panI" hereto.
<br />Jill Trustor shall pay all taxes '"led upon this Trust Data a the debt secured
<br />hereby, together with any other tax" of aseesemmts which may be levied
<br />against ins Trust" a Beneficiary or IM "Al holder of said promissory note
<br />on account Of the Ind"adnessevideneed thert*y.
<br />(e) Whenever used eersin, the Singular number shall Include IM plural, the
<br />singular, the use or any gander shall be applicable to ail genders, and the tarn
<br />"Bareticlory " shall include any pay" of the Indebtedness hereby aecured a
<br />any transfer thereof, whether by operation of law or ofhemiN.
<br />It. S4N Naasr Tmwle*, Beryl lary may from firm to firms auetitute a successor of
<br />sucpeoors to any Trust" named herein Of Acting MraundW to execute this Trust
<br />Deed. Upon such appointment and without Contravenq to the successor Trustee,
<br />the letter shall be waled with all title. powers, and duties conjoined upon ally
<br />Trust" herein named or stung Mr*uld*f. Each such appointment and
<br />Substitution sholi be me" by written instrument by Banaliolary, Collator to
<br />referenco to this Trust Dead and Its place Of feCwd, which when recorded In the
<br />office of the Register of Osnds of the county a Counties In which "Id Property Is
<br />"lusted shall be conclusive proof of prOPW appointment Of tin Suce"or Trust".
<br />The foregoing power of substitution and IM procedure therefore shall not be
<br />exClu$Ivel o1 the power and procedure Provided Ile by law for the Aubstitulb note
<br />Trust" or Trustees In the place of the Trustee.
<br />20. Fwbm nna* by all Trust" Net a WaMr. Any forabauwce by
<br />ISAllehclary, of Twat** In exorcising any right of refmdy heraun0ar, a othon-
<br />afforded by applicable law, shall riot be e waiver of or Preclude the "*/alas of say
<br />fight Of Milady hereunder llkulvles, the wAlv*r by B*rI*flctaly, or Trustee of any
<br />default of Truslon under this Trust Dealt shall nol be 091tmed 10 be a waiver of Srly
<br />Other a similar defaulrs subs"usoby occufrfrg.
<br />21. Trwbr Not Reea*ee. Extension Of Ihe time for payment of modlf"llon or
<br />Amortization of the sums secured by this Trust Deed granted by Banaficlary to any
<br />SUCC"tw In Intoraal of Trustor *hell not operate to rules". In any mAnner, the
<br />liability of the original Trusla w Trusloi s succaeoa In Interest. SamlIctery shall
<br />not be required to commence Proceadings against such succene f a Mfuse to
<br />"land tlm* fa PAY—' Or plflerwlN modify OmOrtlNtefl Of the Sums Secured by
<br />Ihls Trust Dead by lesson of any demand mess by th#onglnsi Trustor and Trlrsta's
<br />Successors In Interest.
<br />22_ 0010VK If there $hall be a default under this Dead of Treat a under any per,
<br />morlgape, ins "neflclary may cure such default, and PM Amount* advaMW by,
<br />and other costs and exPOA"" of PM beneficiary in cuing such default, with
<br />Internet 81 the rdefwn rate contained In Ihe Not$ Secured Mr*&YY if" the time of
<br />the Scv*ncee or payments shall be added to PM IrdebeOn*" secured by this Trest
<br />Dead And may be collected Mreurdw at any firm after, the time of such sdYane"
<br />or payments and $half be deemed 10 be "cured hereby.
<br />21 Gp*M te F- - ' upon the OccuAnct Of any Wault nwaundar, BsfNfklery
<br />shah Mw en@ Option to fwecto" this Tf usl Dona In the mw~ prowidsd by low for
<br />the foreclosure of mortgages on real Property.
<br />24 . Touters Rlghte. AOSeat De/NR. Until AOy tlefault In the payment of
<br />Indebteano" hereby "Cured a until the wNcfn Of any cMsoSM MPain conjoined,
<br />the Truelor, Its sucCnasa$ and "agns, shall post**" and softly the property, and
<br />recwve, the name and profits Inersftem. Upon payment of Ali wmm Secured fly INS
<br />Truer Wad, Beneficiary shall factional Trustee 10 recall," the pmpwty and salt
<br />surrendw this Trust Odell and Oil notes evidencing Indabledneas secured by this
<br />Trust Deed to Trust". Trust" shall recorwny Ihe aopony without wweniy end
<br />without cM,g* to IM parson$ legally entitled Invalid. The Giant" in any
<br />r —v".Me may be described as °its person or persons milted them o," And
<br />ins recut$ therein 01 any moffers or fact@ sal N c4nclusl, proof of the
<br />lrelhtuinesS theranf Such person or "rsona shall PAY 011 costs of rOcotu ing, if any
<br />25. Aonftredee kn IM E,M al TfaeNn In the s"nl the IRS te "d feel "lee le
<br />Igaremed, cr C4nl,ded to a 1rAneterfed. IfOm lM undw$NpIw lot any r"*On of
<br />by any "Mod whatsoever. IM entire principal sum end accrued Intwesl Shall t
<br />xc" become due and PAYAble $1 the 110010m of In* BeMnNefy. Failure to "weiee
<br />Ihls Option because of transfer of IP's as some staled In one loeran" *"If not
<br />constitute a wAlvw 01 the tight to not :lee Ihe alma In IM Shashi w any Subsequent
<br />vAneer
<br />is. this deed of trust.* hrniw 10 one MAW
<br />executed by TrUaio, Il
<br />.. _.... _._ ..._ ._ Trustee,
<br />Sec 4rirg • priM:l"I nola r W
<br />UnlerA end Ii MI for rM:rrq with tole Nug4aiM of ONda and ldanlllod " /oldw, I
<br />
|