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In
<br />85-003281
<br />anal. ,m,0y,{ remind.. 'qt's {i be tt; ^tng a! @ly a ¢' $ :.,s yaaE £tk ?! -,i 31.? 9h8::
<br />t+0a n10 %,ast at ritat.mokirr -m al}pwabie ai ra
<br />'is .CCIIII ad rowe e. •8t a1 the
<br />option of i';IenOfacJaryr3f Trustee sup m� may' adder -.,0 p., � pa aa•an;e
<br />of any indeptsdnass securaiO netaany an,,, Kane interest a5 Su:n
<br />Indmetanese and snail be Dayabie rata. ', 0. er .hp remaining term There;,!
<br />10 Aselgrusent of Rants. Beneficia < s a.: have the ri n _
<br />"g ht ;C)Wf' d O aathC. *Ty
<br />Curing ins Continuance
<br />arid an jot this Trust Dee,. t -- c0i!ec! the rents..ssues and profits of
<br />one Property and of any persixl.sl property located iraerarrn with or wrFN-ttt! taking
<br />po"Ston Of the Property affected hereby, and Trustdr hereby ab$Oiule!v anti
<br />unconditionally assigns all such rents, issues and profits to Beneficiary
<br />Ber"of"c"ary, howei hereby consents to Ice, Trustor's collection and retention a,
<br />Such rents, issues and profits as they accrue and becOme Payabie s6 long as
<br />Trustor is not. et sup - -h times In Off-fault *it?, respect t0 payment of any
<br />indebtedness secured hefebv or In the Performance of any agreement hereunder
<br />Upon any such detauit. Beneficiary may at any time, either in Person. bit agent or er
<br />a r@mver to be appointed by a court, without notice and without regard Ta the
<br />ods"QuAcy Of any WUT)tY for the indebtedness hereby secured, la) enter upon and
<br />take Possession of the ProPerty or any part thereof, and in its own name sue far or
<br />Otherwise COtlect such Tents. issues and Profits, including those past cue and
<br />unpaid, and apply the same, less costs and expenses of operation and collection,
<br />inCtuotng reasonable attorney' fees. upon any indebtedness secured hereby, ano in
<br />such order as Beneficiary may determine. (b) perform such acts of repair or
<br />protection as may be necessary or proper 10 conserve the value of the Properly; !c)
<br />se
<br />lea the same Or any Part thereof tOr such rental, term, and upon such condiions
<br />as its ludgernent may dictate Unless Trustor and Beneficiary agree otherwise in
<br />writing, any application of rents. Issues Or Profits t0 any inoebtedness secured
<br />heresy shall not extend or postpone the clue Cate of she installment payments as
<br />Provided in sold promissory note or change the amount Of such installments. The
<br />entering upon and taking possession Of the Properly, the collection of such rents,
<br />issues and profits, and the application thereof as aforesaid, shall not waive or cure
<br />any Cielault or notice of default here :,der. ,y, Inval,oa!e any ac! done pursuant to
<br />sucks notice. Trustor also ass!g ^5 to Be rieficiary, as further security for the
<br />performance of the c`W!gat!ons secured hereby, all prepaid rents and all monies
<br />which may have been or may hereafter be oepasited with said Trustor by airy lessee
<br />'it fns PrOiterty, to secure the pavmen? M any rent. and upon default in the
<br />performance of $ny of the Prarlslpns hereOl. Trustor ac
<br />and deposits to the 8eneticie rees t0 deliver SUCH rents
<br />ry pe,.ve.y cr written notice of the Senefl;iar,'s
<br />exercise or the rights gran?e0 herein T. a ^y tenant occupying said premises shall
<br />be sufficient to require 5810 a, said rent to the BenefiClar` uni!I further
<br />notice
<br />11. lsiASa I PYSMIOM. Within 20 days alter demand. Trustor shall furnish to Trustee
<br />a Schedule CErtified to be true . setting forth all leases Of space in the Trust
<br />Property then in effect. including, in each case. ?Na name of the tenants and
<br />occupants, a description of the Space occupied by such tenant and occupant. the
<br />WtSl Dayble for such space and such What information and documents with
<br />respect to such leases and Tenancies as the Trustee may request
<br />Without 1119 prior written consent of Trustee, Trustor shall no, . directly or
<br />lydlfaCtiy, with respect 10 any ISASa of SDaCe in the described premises, whether
<br />such toteal to now or he ter reaf In existence. (a) accept or Permit any prepayment,
<br />discOunl Of advance rent payable thereunder: (b) cancel or terminate the same, or
<br />Accept any C&ncettalson, termination or surrender thereof. or permit any event to
<br />occur which would entltle tM lessee ihareunder to terminate or cancel the same; (c)
<br />Amend Of modify ire same so as TO reduce the term thereof, the Tentai payable
<br />thereunder, or to change any renewal Provisions Therein contal had, (d) waive any
<br />dNault therounder Or brooch iheracf. le) give any consent, waiver or Roprovai
<br />thereunder Or Tell any other action in Connection therewith or with a lessee
<br />thereunder . which' would have the effect of "n Paving the value of issSor'S Interest
<br />thersurnder, On the PTGterty subieet thereto. Or of :mPairireg The pOSittOn or interest
<br />of file Trustee of Benoficwyry Or (f) sell. assign, pledge mortgage or otherwise
<br />diSP0*0 Of, Of Encumber, its interest in any such !ease or any rents, issues or profits
<br />Issuing or Arising thereunder.
<br />12. Cert/onanation' If titta to any Part of the PrOPERy shall be taken in Cortdemnatlon
<br />Proceedings, by fight of eminent domain or similar action, br shall be Sold under
<br />"Wrest Of conOOMnatton, alt awards, damages and proceeds are hereby assigned
<br />and shall be paid to Beneficiary who shall apply such awards. damages and
<br />PtOCesda to the $urns secured by the Trust DeeC. *ctrl fns excess, ;l any, ag to file
<br />Trustor. Trustprwiii Promptly, and with due diligence, repair . alter and Vesicle the
<br />remaining part of the Trust Property 10 its former condition substan!laity to she
<br />extent that the same may be feasible and so as to consiltute a :Omptste ano usable
<br />unit.
<br />13. FaAna Advances. UPOTI .'eQUest of TruSlOr, Beneficiary . at gensticiary s apt,
<br />Prior to reconvllyance, of the Property !o the Trusto, . may make tutors ativenCes to
<br />the Trustor. Such future AOyanG @a. with interest thereon, shall be secured by this
<br />Trust Deed when evidenced by ptOnft$Sdry notes staling that said notes are
<br />secured hereby, provided that at no 4,1110 shai he sacr,red
<br />p rint afore advinc®a. not Including ium9 advanced tv pGtatl ?na sal Ur:i y. B,,% ad
<br />One
<br />nut!dtEd percent 'TOO %j of the Or(ginal ph' ncipai amdumS Sac Ured nereTby
<br />IS. Ron adfia CUWA#Wttm. All remedies provided in fills Trust Deed are dietlnct and
<br />cumulative to any other right or remedy under this Trust Dead Or afforded by low of
<br />oqully, And "Y be exercised Concurrently. Independently or Sur
<br />Cesalvely
<br />15 AoeeleasHmc pleased faA; Safe. Upon dafauit a rustol in the
<br />lnddbtsdneia SEcuf0d payment of any
<br />aby pr in try Per {prmanCE of AtTY agr#EmEnt nEriU ntpEt,
<br />t3aaeficrary may declare all sums Secured net" trrlmsdiatafy due and Payable by
<br />doflvWy to Trustee of written declaration of default The Trusles shall have the
<br />Power of S" Of the PrpPOtly and If Horehctary detainee the WOWY to be Sold. (t
<br />Ahoft (Upoidt with Trust*@ this Trust Deed ano a)! promissory not" And documents
<br />Es.PEndituflm esCUred hereby, and shali deliver to Trustee. a written
<br />r'Ot#Vs Of default and otinciijon to cause the progWY to be sold, and the Trustee IT-
<br />turn shat Prepare A Similar Notice in Tho farm nequiTert by Iaw.. which Shelf be duly
<br />hied for . --Ord by Trustee
<br />(a) After the lapse of such time as may be rsatwred by taw following the record
<br />affor? of esW not(Ce o? aEfau's, and no' of datauit and notice Of Sato having
<br />been given as rogwted by €Aw, Trustee without demand on Trustor, shall sail
<br />Ste IsTO lY On the Sete aria at Ins time and place designated in Asia notice of
<br />a". at Ptdiic oactt s to the highest bidder . lies purchase ,Price Payable in
<br />tisefai _ of the United States at try time of sale. The person conducting
<br />the ash may. for any "Use he d**MS expedient. postpory the sale from little
<br />to ttma untiii it iffy" to and, in every suc=h case, notice of postpone,
<br />,typo sell be given by public dociaratton thereof by Such person at the tiny
<br />And PIW* test appoinfed for TM s&I@. p c).joed, if the sae i6 postponEd for
<br />!hart it) day t»yorirs the day deaeg,'eted in the notice of sale, notice
<br />thereof Whitt be giver! In the Same mennar as the original notice of sera
<br />Trustee analI axacuTa and deityer to try purchaser his
<br />Property sold. out wilt h"! an Desd Conveying the
<br />Any CCyv ®nant Or watTanfy, express. Or implied. The
<br />acftass in the of any matters of INCta shall be conclusive pfoof of the
<br />train #ui Thereof
<br />. Any Person. ryciudi
<br />nq� Bareficia,y. may Purchase at the
<br />in When Trustee sells pursuant to hho PsawETS hereto. the Truetes Shall apply the
<br />Of tins sea 40 Wynverv2 Of ire Ct'Xats Rre expenses at axefcising file
<br />power of We afaq of sho $ass, t ' t he Psy±tent of The : rustes s Fees
<br />ac'rubtly e#�, not to "Good
<br />_ %tai+ the sa a once, arid mar, f0
<br />sty 'terry in esn 4c) n fire order Chore stated.
<br />=f At'tyt t*" the iflAfirs Specified rr, Axr•1r0ara ;Iraph ztrs rf tree xa.®
<br />line Pr , and What assts pt fcnat. ;,a.�„rb an�r s try True roc.
<br />towaft;taf a,le,t,.r sa #e s :;.suyr
<br />4= nSVSa. tnt Erar „aeds tee. rvC =-rr7 � i'� eri3er Volvo
<br />f9 "o SaSy''Tent '
<br />!air' -y svi+w,Il .,a le
<br />sly avfa - -0 sr s^?'Ii :3�
<br />18 Duties and t;btigattens of Tnifatp a
<br />Shot be Core,, ,I1. 'y t;i eSS . e �•Ie5 one :h�•�.c�ay�Cr•s 7•i,51ae
<br />e0 s 'a. ne ۥw t 5;,115 Of the Trust Dees a c Trustee
<br />Shall gal be i:abte except I&} -he pe +crman -e of such doles a rid '#tgations as are
<br />specificsily net 1011h "To” a a no itnpfled covenants or cvigationa shall be
<br />ced r.
<br />' p D+ astee Ibi N: ovislon of INS Trust Deed shall .!,a Tr
<br />expend or risk his Own °ands.: r otherwise in ustoo to .
<br />cur any financial oL:Igation in the
<br />Performance of any �r its dunes hereunder, or in the exercise of any Of its right or
<br />Powers. it it shall have grounds for believing that ire repayment Of such funds of
<br />adequat0 lndetnnity against such risk or debility Ia not ressonabty Assured to ti: (c)
<br />Trustse may consutt with ccu jeei of his own choosing and the advice Ot such
<br />counsel shall to to +i and complete aulhOriZation and protection In the roapect of
<br />any aCldOn taken or sufferird by ,t hersunder in good faith and reliance thorsoh; ;d4
<br />Trustee shall not be liable for any action taken by him in gaol faith and
<br />believed by him 10 to aulnofizeO of *!thin the discretion or rights at powers
<br />conferred upon It by this Trust iI-Io"
<br />17 Additteesl y fnatrufF#Wft, Trustor, at its expense. will execute am deliver
<br />t0 the Trustee, Promptly upon demand, such Security instruments as may be
<br />required by Trustee, in form &-" Substance satisfactory to Trustee. covering any of
<br />tho Property conveyed by this Trust Deed, which security instrtsmftrtto shat, be
<br />additional security fir Trustor's faithful performance Of all of the tertent COVaten4f
<br />and conditions of this Trust Deed. the promissory notes s� the hereby. and other security instruments executed in. connection with this e a Such
<br />instruments shall be recorded or titer!, and re- recorded And refried, at Trustd's
<br />axpenes.
<br />18. MHaegasteeus.
<br />{s) in the event any one or mote Of Thai Provisions contained In this Trust Deed or
<br />the Promissory note of any other security Irtattttftent gMran to connection with
<br />that transaction for any lesson be hold to be invalid, illegal or
<br />unenforceable In any respect, such Imrandfiy, illsgibilty, or unenforcoWl,ty,
<br />shall, at the option of Beneficiary, not affect any other provision of this Trust
<br />Deed. but this Trust DOW shall be construed as if such invalid, illegal, or
<br />unenforceable provision tied never been contained heroin or therein.
<br />tic) This Trust Deed shall be construed according to the taws of ti
<br />Nebraska. e State of
<br />(c) This Trust Deed shall inure to and bind the hatra, legattea devisees
<br />a dministralor=., executors, Successors and asAlgns of the parties hereto.
<br />I(1) Trustor shall pay ail taxes levied upon this Trust Deed of tie debt skurad
<br />hereby, together with any otter taxes or assessments which may be levied
<br />against the Trustee or"Beneficlary or the legal holder of Said promissory note
<br />;;n account of the indebtedness evidenced thereby.
<br />;e! 1NhOnsve' used herein. the singular number shall Include the plural, tho
<br />s "ci "at the use of any gender shat! be applicable 10 all genders, and the form
<br />any transfer ry' she!; include any Payee of the indebtedness hereby secured of
<br />env transfer lnerec+ whether r7v operation or taw or otherwise.
<br />19 Successor Trustee, Beneficiary may from time to time substitute a Successor Or
<br />successors to any Trustee named horeln Or acting heraundar to oxecuto this Trust
<br />Dead Upon Such appointment and without conveyance to the successor TrtNtM,
<br />The'attar shoot be vested wins all floe, powers, and duties conferred upon
<br />Truatse herein named or acting hereunder. Each such Appointment '
<br />substitution shall be made by wrlttin instrument b Beneficiary, c( li and
<br />reference to this Trust Deed and its place of record, which when c led I tithe
<br />office of the Registar Of Deeds of the county or counties in which prop the
<br />situated shall Do conclusive proof of Proper appointment of the successor Trustee.
<br />The foregoing power of substitution and the procedure therefore shat ndf be
<br />axciusivs Of the Power and Procodure provided for by taw for the substitution of a
<br />Trustee or Trustees In the place 0, the Trustso.
<br />20. FerOSaretioe by 1101110ftfary or Tn Mm ,lot a Wafsar. Any tombeaMnes by
<br />Bonefterary, or Trustee In exercising any right or remedy hereunder, or otherwise
<br />afforded by appticab,s !aw, shall not be a waiver of Of preclude the saarcfM of any
<br />right or remedy hereunder Likewise. rho waiver by Beneficiary Of Trustee of any
<br />defaull of Trustor under !his Trust Deed shot! not be doomed to be a waiver of any
<br />other or similar defouits subsequently occurring.
<br />21 Trw*W N« RONOGe . Extension of the time for Payment Or modification or
<br />amortization of !no sums secured by This Trust Deed granted by Beneficiary to any
<br />successor in interest of Trustor Shall not operate to release, in any manner, the
<br />Iiabauty Of the original Trustor of Trustor '9 successor in interest. Beneficiary Vitt
<br />not be roquired to commence proceedings against such successor 01 refuse to
<br />extend time for payment or otherwise modify amortization of the sums lured iyY
<br />this Trust Dead to reason Of any demand made by the origin@ ! Trustor and Trustor's
<br />Su(:Cesffiors in Interest
<br />22 DafwR. if !here shall be a default under this Deed of Trust or udder any prior
<br />or
<br />mtgage. the B*heficlsry may curs such default. and the amounts advanced by.
<br />ano other costs and expenses Of the beneficiary in curing Such default, *tin
<br />mlerast at the default rats contained in the Note secured herby from the time of
<br />the advances Or payments Sif be added to the indabtadn"$ Secured by this Trust
<br />Deed ano may be collected hereunder at any 11" after the time of Such advances
<br />Of Pavments and shall rya doomed to be Secured herby.
<br />23 Option to Foreclose. Upon the occufance of any default hereunder. q~jctary
<br />shall nave The Option TO foreclose this Trust Deed in the manner Provided by law for
<br />1ha foreCtdture of mortgages on Tsai Property
<br />24 Tn~@ RIOMa. AOaant Default. Until
<br />indebtedness hereby secured my defove !n the peohisi o,
<br />the Trustor. its successors AA" assign*. halichS any covenant the pr perty, ano
<br />racelve the rents and Profits therefrom p ynwt and oil 4rta property. arro
<br />Trust Deed, Beneficiary shall r Upon 10 reconvert, o4 alt hums oar by this
<br />Sufronder this Trust sques! o evade td g indebtedness the Pro o "y and shall
<br />Trust Dead 10 Tr D� and ail hies onvoy ng irda04edr1ess escured by this
<br />setae. Trustee shalt rOCOnveY the property without waranty and
<br />without charge 10 !ha persons legally entitled thereto. The Granite In any
<br />'A"GohveyanCO may be described as the person or persons entitled thara ;O,•' and
<br />!tie recitals tnerern of any matters Of facts shall pA conclusive P, Of !fla
<br />truthfulness thereof Such Person or poisons shall pay alt costA Of recording Pot o any
<br />25 Aleoalarotian M ale Event of Transfer. In the event the title to said I", estate Is
<br />transferred. or contracted I,) be franArerred, from the undersigned for any ,Seem or
<br />by any method whatsoever, the entire principal sum and accrued interest Shall at
<br />once become due and Payable at the Olfaction of !ty BEref(Ciary . Failure to axerGles
<br />snis Option beCausO of trana!er of tffie as Above stated to (Try instance shall not
<br />^onsf
<br />transfer A a a ?van Or the righl ro axerCise the same in the event of any Svbasouaf
<br />2111 . This deed of trust 10 !union to cans dated
<br />taer:uled by Truslor to
<br />_. _.. ... _. .... Trustee,
<br />securing a Vr ,i IW' •v'lfe rCv _ _
<br />tyOltars AIXj Tiled t. M,(,; (it %
<br />%ae(iS and edentified as follows
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