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and, w!thOUt demand, shalt be imee"C"tejy doe an! pavab!e by Trustor and shall
<br />leash rnterest.af the maximum allowah!e egai rate p ,vided, nowev @r, that at in.
<br />Option of Beneficiary nr Trustee such sumo may oe added to the pnncipai balance
<br />Of any Indebtedness secured hereby and shall hear the Sam@ Inn @rest a3 Surn
<br />lndebladness arid shall be payahle or taoly ore the , umaininy term thereof
<br />10 Assignment of Rents. Beneficlary shah have; the right
<br />during the continuance lot this Trust C , power and authority
<br />@ @d tp collect the rents, issues and profits of
<br />!he Pr:sp @rtes and of any personal property located thereon with or without taking
<br />POSSGaston of the prnnerty affected hereby. and Trustor hereby absolutely and
<br />��0!/� unconditionally assigns a" such rents, issues and profits 10 Beneficiary .
<br />�ixl► Banefic18ry, howavo!, hereby consents to the Trustor's collection and retention of
<br />' Al such rents. Issues and profits as they accrue and
<br />Vi Trustor is not a! such times, m default with become paYBDie so long as
<br />respect to payment
<br />indebtedness secured hereby or in the performance of any agreement hereunder. of any
<br />CQ Upon any such default, Beneficiary may at any lime, either in person
<br />O�`( a receiver to be appointed by a court, . by agent, or by without notice and without regard to the
<br />adequacy of any security for the Indebtedness hereby secured, (a) enter upon and
<br />®take possession of the Property or any part thereof . and in its
<br />otherwise collect such rants, Issues and own name sus for d
<br />profits, including those past due and
<br />• unpaid, and apply the same, less costs and expenses Of Operation and collection,
<br />7!■ including reasonal)fe attorney tees upon any indebtedness secured hereby, and in
<br />such order as Beneficiary may determine 'b) perform such acts or repair or
<br />protaction as may be necessary or proper to rnnserve the value of the Properly; (c)
<br />Co lease the same or any part thereof for such ren
<br />� as its judgement may dictate Unless Trut tal, form. and upon such conditions
<br />s or and Boneficiary agree otherwise in
<br />writing, any application of rents. issues or profits lo 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 Irlerec'f a, aforesaid, shall not waive or Cure
<br />any default of notice Of default he(eur'de, invalidate any act done pursuant to
<br />such notice Trustor also assigns tr> Beneficlary as further security for the
<br />perfnfmanro of the nh l:Oalll— --r— nor„ny all r air! rp,,tc anrt all m hies
<br />which may have been or may hereafter b@ deposited w1h said Trustor by any lease-
<br />Of e
<br />Performance eof any secure the payment f any rent . and upon default in the
<br />y O. the prOyl SiOns he,epf Trustor didrees to deliver such rents
<br />and deposits r the gran Beneficiary Uelive -y ,,! wr:!ten notice of the Beneficiary';
<br />exercise of !rte rights granted'deern_ to any her
<br />be sufficient to require said tenant to a� sa�:d „,r��, i'DVing said Premises shall
<br />notice p t t, the Beneficiary until further
<br />1 t. Logged Promises, Within 10 days after demand. Tr
<br />a schedule certified to be trua, setting orth usior shall furnish to Trustee
<br />Property then in effect, Including, g an leases Of space in the Trust
<br />c .rding, to each case, the 'lame Of the tenants and
<br />Occupants, a description of ?no space occupied by such tenant and occupant, the
<br />rental payable for such space and such other information and documents with
<br />respect to Such losses and tenancies as the Trustee may request
<br />Without the prior written consent of Trustee. Trustor shall not directly or
<br />Indirectly, with respect to any lease of space in the described premises, whether
<br />Such lease 19 now or hereafter In existence is) accept Or permit any prepayment,
<br />discount or advance rent payable thereunder (b) cancel or terminate the same, or
<br />accept any cancellation, termination or surrender thereof, or permit any event to
<br />Occur which Would entitle the lessee thereunder to terminate or cancel the same; (c)
<br />a+tand or modify the memo 50 85 to reduce the term thereof, the rental payable
<br />thereunder, or to change any renewal provisions therein contained: (d) waive any
<br />default thereunder or DresCh thereof; (a) give any consent. waiver of approval
<br />I
<br />hereunder or take any Other action In connection therewith, or with a lessee
<br />thereunder, which would have the effect Of` Impairing rho value Of lessor's interest
<br />thereunder, on the Property Sublerl thereto, or of Impairing the position or interest
<br />Of the Trustee or Beneficiary, or if) sell . assign, pledge, mortgage or otherwise
<br />dispose Of, of encumber.. its interest in any such lease or any rents, issues or profits
<br />Issuing Or arising thereunder.
<br />12- Conhemnstion. If title to any part of the Property shall be taken In condemnation
<br />proceedings, by right Of emllment domain or similar action, dr shall be sold under
<br />threat of condemnation, all awards, damages and proceeds are hereby assigned
<br />and shalt be paid to BenetlClary who shall apply such awards, damages and
<br />proceeds to the sums secured by the Trust Deed. with the excema, if any, Amid to the
<br />Trustor. Trustor with promptly, and with due diligence, repair, after and restore the
<br />remaining part of the Trust Property to Its former condition substantially to the
<br />extant that the same may Do feasible and s0 as to constitute a complete and usable
<br />unit.
<br />13. Future Advances. Upon request of Trustor, Beneficiary , at Bonsficlary's option,
<br />Prior 10 rm`COnvayance of the Property to the Trustor, may make future advances to
<br />the Trustor Sucn future advances, with Interest thereon, shall to Secured by this
<br />Trust Dead when evidenced by promissory notes stating that said notes are
<br />secured hereby, provided that at no time shall the secured principal, future
<br />advances, not ; ncluding su-ng advanced to project the m@CUrlty, exceed one
<br />hundred percent)?()D %j of the original principal amounts secured hereby.
<br />ta. Remedies Cumulative. Ali ramedies provided in this Trust Deed are distinct and
<br />cumulative to any other right or remedy under this Trust Deed or afforded by low or
<br />equity, and may be exercised concurrently, Independently of successively
<br />15. A09414onstillocall ; Sate. Upon
<br />Indebtedness secured hereby or in the performance ofsany in Sgresment hereunder,
<br />4tCafy may declare all sums secured hereby Immediately due and payable by
<br />defivery to Trustee of written daclarallon of default. The Trustee shall have the
<br />Power of 5810 Of the Property and If Beneficiary desires the Property to b6 sold, It
<br />Mall 08pOalt with Trustee this Trust Deed and a" promissory notes and documents
<br />evidencing expenditures secured hereby, and shall deliver to Trustee, a written
<br />notice Of dslault and election to cause the Properly to be sold, and the Tousle* In
<br />hum shell prepare a shin "ar Notice In the form required by law, which shall be duly
<br />filed for reCOrd by Trustee.
<br />(a) After the lapse of Such time as may be required by law following the record .
<br />afion of said notice of default, and notice of default and notice of sale having
<br />been given As '011uned by law, Trustee. without demand on Trustor, shall $all
<br />the Property On the data and at the lime and piaca designated In said notice of
<br />S84, At public. auction to the highest bidder. the purchase price payable In
<br />lawful money of the unfired States at the time of sale The person conducting
<br />it's Safe may, for any Cause he dooms expadlent, postpone the sate from.. t:mA
<br />to ?Imo until it shall be comptatel and. In every such cane. notico of t,os¢po' e
<br />+feenl shall given by public declaration thereof nY such parson at me bma
<br />and ptacn 1$91 appointed f(3f the seta, prololded, it the sale le pr}etpo!nazl ((}P
<br />longer than 11) day beyord the day designated in the notice of Sale. nonce
<br />thereof $flat' be given In t/ a Sartre Mannar as the oflginal notice of sale
<br />Trustee shall execute anr,l d9ilve^ h[ the pufcha S @r his Drecd
<br />rd= ilalsyIF, the tDaa"'Ithoof any ` o +onant ar warranty, sal ;, Tas9, r.<rif I it I The
<br />!tooth, ✓ matters c >r tacos shall he Con <:tusive pool of the
<br />ulreass lneraOl Any c,as -n Inducting Banaficiery may pureness at the
<br />aaktl
<br />obi When Trusiea salt$ pursuant to the powers "fain . file troy as 41,16'1 aip"y the
<br />prrvCeeds of the R*is to paymanl (.d the r dill, and expense
<br />flower ref seta and of the Sate neiu.1, to ®., " 6� fha
<br />actually Incurfed, not To exceed Lou o payment i.,f the * r w?�a w F eel)
<br />the!tents k4 sub serer ft (rill `) es of the 14�" Frirr � e into
<br />t g aU thse r,rdsr There stated
<br />L cS After pelting
<br />iper h4a Item, $pA! ,flan in muedpwagrapt Ili ! r n e r,r f r q ee
<br />tna rr and rr'hef
<br />i r.ost s of ft@:i
<br />a r a ! s` t Q fierM trio rr,ya. aF}x rP a,v sha l
<br />' role pao m n "
<br />r„
<br />yt j I la , t;. t Po•) n � {er,ry. I ID, ,ri °.- h ,isle .! °..f ,.
<br />a�'✓ sled. .945 ! 9 �
<br />l
<br />All
<br />, ilry v.•.,y i,,. i., r r; „y .!r..n ).any ,,. •a
<br />16. Duties and obligations of Trustee. ta) The duties and obligations of Trustee
<br />shall be determined liable solely
<br />shall not he liabl by the express provisions of the Trust Deed and Trustee
<br />rs except (or the performance of such duties and obligations as are
<br />specifically set forth herein, and no implied covenants or obligations ShAV be
<br />Imposed upon Trustee; (b) No provision of this Trust Deed shall require Trustee to
<br />expand or risk his own funds, or otherwise incur any financial obligation In the
<br />Performance of any '3f its duties hereunder, or In the exercise of any of Its right or
<br />Powers, if 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 it, (c)
<br />Trustee may consult with counsel of his own is and the advice of such
<br />counsel shall be full and complete authorization and protection In the respect of
<br />any action taken or suffered by It hereunder In good faith and re'lance thereon; (d)
<br />Trustee shall 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 this Trust Deed.
<br />17 Additional Security Instruments. Trustor, at Its expense, will execute and deliver
<br />to the Trustee, promptly upon Demand, such security instruments as may be
<br />required by Trustee, in form and substance satisfactory to Trustee, covering any of
<br />the Property conveyed by this Trust Deed, which security Instruments shall be
<br />additional security for Trustor's faithful performance of all of the forma, covenants
<br />and conditions of this Trust Deed, the promissory rIOte9 secured hereby, and any
<br />other security instruments executed in connection with this transaction. Such
<br />Instruments shall be recorded or tiled, and re-recorded and refiled, at Trustor-8
<br />expense
<br />16 Miscellaneous,
<br />(a) In the event any one or more of the provisions contained In this Trust Deed or
<br />the promissory note or any other security Instrument given in connection with
<br />this transaction shall for any reason be hold to be invalid, Illegal of
<br />unenforceable In any respect, such Invalldlty. Illegality, or unentorceabllity
<br />Shall, at the option or Beneficiary, not affect any other provlSlon of this Trust
<br />Deed, but this Trust Deed shall be construed as if such Invalid, Illegal, or
<br />unenforceable provision had never been contained herein or therein.
<br />(b) This Trust Deed shall be construed according to the laws of the State of
<br />Nebraska.
<br />(c) This Trust Deed shall inure to and bind the heirs, legatees, devisees,
<br />administrators, executors, successors and assigns of the parties hereto.
<br />(d) Trustor shall pay all taxes levied upon this Trust
<br />hereby, together with any other taxes or assessmentas which May be at vled
<br />against the Trustee or Beneficiary or the legal holder of said promissory note
<br />on account of the indebtedness evidenced thereby.
<br />(e) 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 />"Berreficlary- shall include any payers of the Indebtedness hereby secured or
<br />any transfer thereof, whether by operation of law or otherwise.
<br />19 . Successor Trustee. Beneficiary may from time to time substitute a succesrot
<br />successors to any Trustee herein or acting hereunder to execute this Trust so
<br />Deed. Upon such appointment and without conveyance to the successor Trustee,
<br />the latter shall be vested with all title, powers, and duties conferred upon any
<br />Trustee herein named or acting hereunder. Each such appointment and
<br />substitution shall be made by written Instrument by Beneficiary, m n t and
<br />reference to this Trust Deed and Its place of record, which when Beneficiary, con In the
<br />Office of the Register of Deeds of the county or counties In which sett property le
<br />situated shall to concWalve proof of proper appointment of the successor
<br />The foregoing power or substitution and the procedure Trustee.
<br />therefore shalt not be
<br />exclusive of the power and procedure provided for by law for the aubatltution of a
<br />Trustee or Trustees In the place of the Trustee.
<br />20. Forbearance by /enNlciary or Trustee Not • Wal
<br />Beneficiary or Trustee in exercising any riWaiver. Any faabesrance by
<br />t or remedy hereunder, or otherwise
<br />afforded by applicable law, shalt not be a waiver of or preclude the exercise of any
<br />right or remedy hereunder Likewise, the waiver by Beneficiary or Trustee of any
<br />default of Trustor under this Trust Deed shall not be deemod to be a o! any w
<br />Other or similar defaults subsequently occurring atyer
<br />21 Truislor Not Released, Extension of the time for payment or modification or
<br />amortization of the Sums Secured by this Trust Dead granted by Beneficiary to any
<br />Successor in interes t of Trustor shalt not operate to rot"”, in any manner.
<br />the
<br />"ability of the original Trustor or Trustor s Successor in Interest. Beneficiary shall
<br />not Ida required to commence proceedings against such succeSSOr or refuse to
<br />extend tuna for payment or
<br />this Trust Deed otherwise modify amortization of the sums secured ty
<br />successors In interest reason Of any demand made by the original Trustor and Tfustor's
<br />mortgage, rho tBeneficiary may such defau t, and tree amounts advanced prior
<br />Deed of Trust of under any Ardor
<br />and Other Costa and expanses or In* beneficiary in curing such default, with
<br />Interest st me default rato contained in the No .'s sacured hereby from fin time of
<br />the sdvancea Or payments shall be added t0 the indebtsdraas secured by this Trust
<br />Dead and may be cohhacted hereunder at any arms after the time of such advances
<br />payments and $hail be dammed to to secured hefADy.
<br />23 Optla, to Ferechaaa. Upon the occurance of any default hereunder, B"ItClary
<br />shall have the Option to foreclose this Trust Dead in the manner prOvlded by law for
<br />the fofaClosure of mortgages on rest properly
<br />24 Tfuslo's Ft4Pft. Absent Default. Until any default In the indebtedness hereby secured Or until the breach of ahY covenant herein contained
<br />the Trust Or, its succesaors aria assigns, Shall possess and enjoy the property, and
<br />,acaive the rent$ and profit$ therefrom Upon Payment of all Sums secured by this
<br />trusr dead. Beneficiary tira:l request Trustee to r @convey the property and shell
<br />surrender this Trust tl and at notes evidencing indebadness secured by tall
<br />trust t co ?c Trusree Trustoo Snar} reconvey the property without warranty and
<br />wdhour cr,arga f�, rise <,- ,arsons
<br />e c.,vayai re ray tst lees r bed a. %red, y entitled thereto- The Grantee in an
<br />",a a<.�raiw a :,arson Or persons entitled theroto," and
<br />hi e„ a v '�atla y !act" sn all i, r u' ^,ass a a ,• •.�� a he CO"Clualva proof of the
<br />ary::,ns snal i Pay all costs of r @Cording, It any
<br />A etkM M the Event et Trahs ►or, in trio avant IM ilia 10 said test estate is
<br />t, ar r. lei s sand. from the undersigned for any reason or
<br />v r e;nrx whatsoever a enr ;ra princ ival sure and accrued Interest shall at
<br />4< a t::pma ua and i.AVatlia at the election of the Beneficiary . Failure to sxsfCiSo
<br />a war �r tifie as above stated In one Instance shall not
<br />aeerc ga !ha Santa In the event of ®C�r subsequent
<br />ans.ar 1
<br />,,1 and
<br />X tnlsdeedo+r ,01 a March 1.9, : r<,nn @o t 1 DeCelliber 9, 1975
<br />rout td��� 1301'ding grid Loan lasso (-
<br />spolcotacd by P 9f , I" i , �. L_
<br />lnc9 t.st dera�c3 �O�tlp(�] .. Trustee,
<br />aa.errinto a p, ,•, ua :, i,,, � l.a� �_ 1 n c o n
<br />h 000.00 and S.1€800
<br />!Airier$ end rile,) r-_„ rar.r,r.r w:tn the Nagister r.f CI @@ids and Identified as follows
<br />C1pI:uh Re- rill( "oI'ed a�;
<br />)tlii ",vt f'iI ()to CI,Ilihe)
<br />r
<br />
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