|
84 --000-182
<br />Lwithout demand, Strait be immediately due and Payable by Trust« and shah
<br />boa: "latest at the maximum alfowahle 10911 rate' provlded, howeve, . that at the
<br />option of Belarclary or Trustee sucn .5uma mar On added in Ile principal balance
<br />of any rndebfednesI secured bereby and stall bear the same merest as such
<br />Indebtedness and shall be payable ratably over the remaining Iarm'thereof
<br />10. Aael9nmant M Rmla. Beneficary shall nave the rtghl, pole, and .uthpdty
<br />doFing the continuance lot this Trust Deed to collect the rant.. Issues and Cloths of
<br />the Property and of any personal property located thereon with or wimoul taking
<br />p0aseeaion of the properly affected retain. no Trustor hereby absolutely and
<br />uncdnmhonany assigns all such rants, Issues and profits to Beneficiary.
<br />Bono Wary. however, hereby Consents to the Trustor's collection and :elenti.d of
<br />such 'Shia, Is it and profile as they Scans and become payable so long as
<br />Trust" is ,DLd such times, ,n default with respect to payment of any
<br />indebtedness secured hereby or n Ihn performance of any smaemam nereundar
<br />Upon any such default. Beneficiary may at any time, either in parson by agent. or by
<br />ar to be appointed by a court. without notice antl whh,UI regard to the
<br />adrepuacy or any security for the Indebtedness hereby secpred, la) enter uoo, and
<br />take possossio ere
<br />n of the Property or any part thereof. no in rte own name sue for or
<br />pill collem Such tents, issues and profits, including these past due and
<br />prepaid, and apply the same iessscoal, and expenses of opera,., and p.hartion,
<br />Including reasonable attorney b eid upon any indebtedness s—ledi hereby, and t,.
<br />such order as Beneficiary may tletermme: ib) perform Such .cis of repair OF
<br />protachon as may be necessary or "Post to conserve Ina value of the Property; (c)
<br />lease the same or any part thereof for such rental. term and upon such conditions
<br />as Vie Judgement may claim Unless Tr rip, and Beneficiary agree otherwise in
<br />willing, any aPOP.flon O1 rents, is or profits to any mdabled.... 5 tired
<br />hereby shall not Orford or postpone the due date of the mslalini payments as
<br />Provided in sold promissory note or change the amount of such installments. The
<br />entering upon and taking no-ex ion of the P,operly. the collection of such rents,
<br />issues and pofits, and the "Phcahon'hereof as aforesaid. sn.0 no: waive «cure
<br />any default or notice of default r+ereunder, or Invairdate any act done pursuant to
<br />itch notice. Trustor also assigns to Beneficiary, a further s udty .r Ina
<br />Performance or the Cbligah... a «ed hereby, all prepaltl rents and all moms'
<br />whlch may have been or may leaflet be deposited w,ft. said Tr Ustor by any lessee
<br />of the Property. fO s e the payment of a ant, a n delauh .n ins
<br />pertormance of any of the pro,abns hp,eel Trustor agrees to deliver sucb rents
<br />and deposits n the Beneficiary pelrvery of wnFlen nobc0 0l the Banebcrarv's
<br />ercise of the rights granted he•e,n, to any nnant occupyln9 said P,enils.S snap
<br />DB
<br />sufficient 10 result¢ Said !anent In qav' said rant tO Ina Benell.,ary until Vuriner
<br />notice.
<br />11. Leeeed I'MMISea. Within 10 dava .flat demand, Trustor shall fumleh to Trustee
<br />schedule cerllnee to be hue selling form ail to e rus
<br />of space in the Tt
<br />Property than in Offset. Including, in each case, the, f the t¢ ants and
<br />cupanro, a descrlpllon of In. apace occupied by such levant and Occupant. the
<br />enrol payed. for sucn space and such other Imormehon no tlocuments wnh
<br />respect to such lessen and Ienanclea a. the Trustee may request.
<br />Without the prior and
<br />Code. nt of Trp,daw TlU1hu Shall not. dbechy or
<br />Indirectly, *,in reaped to any lease of space In the described premises. wminher
<br />itch lease I9 now or h- 1-11.1 In eu,darp, ill accept or permit any pra 'llum,t.
<br />discount or serene rent Payson. mareondar; (d) Cancel or nrmmate the same, or
<br />Cplau any cancellation, hamun uku, OF sit area., tnereol. Or permit any event 10
<br />r which would entitle the wanes, thereunder to terminate ar cancel the same; lo)
<br />emend C, modify the same so as to reduce the term merec !, the rental payable
<br />w
<br />thereunder, Or to change any reneal provisions Ihenin contained; (d) we've any
<br />default Chen Mewl or breach thersol; (el give any co sent, waiver OF approval
<br />haaeu,Oer ar take by Other action Inc action herewith, o w!in a wa,ee
<br />thereunder, which would have the .ilea of Impalnng the value of 1...... totem!
<br />thereunder, on the Property subject thereto. or of ImPaling Ina position or interest
<br />of me Trustee or ihab notary; or (f) sell, assign, pledge, mortgage or otherwise
<br />dlepoae Of, Or e,CUmber, ,1. nd.—I !n any such is.- Or 1 .. ...... OF ...file
<br />wSUing or arising thereunder.
<br />12. Cond0dnMtnn. 111111, to any part of the P.peny shall be taken in condemnation
<br />proceedings, by right OI wa m udi domain OF simmer action, Or shelf be son under
<br />threat of cdowdre atlon. all awards, damages and proceeds are hereby ...Igned
<br />surd Shall he paid to Beneficiary who shah apply such awaroa, damages and
<br />proceeds to the sums aecured by th. Trust Dead, with if. . .se if any, paid n me
<br />Trustor. Tt"" will promptly. a,q with tl,, 1111.., Face ,alter and teanre Ina
<br />ramahing pert of the Trust Property Io its formal condition subatantlally to Itfe
<br />externmat the Same may bO I ... role and. as to coaathute a complete and usable
<br />pmt.
<br />13. Future Adeanrwe. Upon raqu.al of Truai«, B...hcrary, at wbah .,ye o,tlon,
<br />prl« IO reconveyance of Flea Property in the Trustor, may make future ativances t.
<br />iM Trustor, Such tutor, advances, w din nterest tnarson, shah be .scurad by ims
<br />Trust Dead when evidence, by promissory snhng net So n
<br />secured Potosi provlded Ina! a Him. hall $tbe s urail prmcipa t furore
<br />advances, not InCIUOmg s advanced to g,ohe ins c—only, exceed on e
<br />hundred —Pont JI00%) of me Original uncip.l.moontssecured nslaby.
<br />ia. RemadW Clamelatlea. A!! remedna provided in this Trust Deed are Olsuncl erW
<br />m- !-five to any othet right Ot remedy undo, tills Trust Daed « al.,ded .y law o,
<br />gully, and may ba aaerciaed.onCU,eful" nodtlp.ndantly w succea,ively.
<br />15. Aaalaoagpn; RaaWkI 5.1. Upon o wC, by Tull 1 in Ina payment of any
<br />Mdaof "Mae — ad be.by or rn fin performance on any egreament hereunder,
<br />asaddlCtary may declare all Sums aeculed P reby Immediately due add payable by
<br />delivery to Trustee of written de and o, of dew.UL The Trustee shall have the
<br />Polar OI earo of the Property and if Beneficiary desires the Property 10 0a aold, it
<br />shell deposit wnh Trustee this Trial Dead and ail plonv.apry note. add docuow
<br />notice of If expenditures Secured ruboby, and shat! planar to Trustee, a w,Itl.n
<br />twilit of default and Olettlon to cause he Property to be Sold, and the Trustee In
<br />turn shell pnpee a limit- Notice In tn. form raqulred by few, which .Pall he duty
<br />filed for record by Trustee.
<br />(a) After the IsPas of such time 11 may be ,squired by IS, following the record-
<br />ation of said notice of dalaull. and notice Of default and notice of Sala having
<br />teen glean a6 required by taw. Twswe. wdhdut demand on Tru.ior,' hail sell
<br />The Property On the date and at tie time and place dasignale0 in said nonce of
<br />Bake, at pU01W suction to the highest bidder, the purchase price payable In
<br />new.! money of the Unitad States at he time of sale. The person conducting
<br />the saw may, 1« any cause he deems expedient, postpone me sale from lime
<br />to lime -bill R Shell be completed and, In.very'Such Co., notice of pOatpona
<br />men! of be given by Pubik declaration thereot by such person at the lime
<br />longer teal appointed for ins Safe; p:O +Wad, h the eels I..o"o.n. ter
<br />longer ine ti) day beyono the day designated in the notice of sae, nd
<br />thereof ahett be given In the same manna, as the original notice of a.[.,
<br />Twowe Shah execute and POIN11 to the purchase, his Dead conveying ine
<br />Property Sold, Cut without -Y covenant ar..,,Only. express, or Implied. The
<br />rce)IatE )n Ina Dead of any maker. or fact. 4wdr be pp_,U.lw proof Of the
<br />irathiaineaa thereof. Any person, including Beneficiary, may purchase at the
<br />eali
<br />(b) When Trostes Sells Purs-an! to IN ppwen nenin, the Tros10n shelf apply the
<br />WOC.ad. of the ..is. Vay—I of the costs and ..penses of exnrclal .g the
<br />poMet Of eats And of the Sale, including the payment of Ina Tr- ,tee's Fees
<br />actUNly hleuhed, OI to exceatl __._.. _ __. % OI tM .ate price, and Iners n
<br />itm )lane In wbpangraph;d) m tlb «ar il,.n stered.
<br />(c) Art. Paying the I, apeghlad in subperagupn (b)1! ihesaletaby Tru61¢e,ol
<br />the pe"PN Cq -A.nd Other coat. of fow.0 ..1, and e.le if ib. Yale I$ p- rs-ant
<br />to judicial for,Cmaun.lhe p,oGStrd. of .ale Shot, leaPpl.,ad m h. Order etased
<br />n the "Yaw, df.
<br />.r Coat of any evhit. nceOfhtn Iuccu, W lP "Pun. thou it n sUcp is an; O!
<br />any _. ararapa;
<br />fill Alt Sum; man aecvrsO nowt ,
<br />lint Try,mender,.l any, 10 me Pol— lovely_11401hilrsiu
<br />16. Dallas and Obligation. of Trustee. is) The duties and obligation$ oL Trolls. anal, be determined solely by the s.pro,, provhbons of the Trust Dead and Trustee
<br />anon not be liable except lo, the performance of aucn duties and obligations as are
<br />aprlclflcally set I.1h hotel,, and no Implied covenanfs or oblipatlona shall be
<br />Imposed upon Trustee; !b) Nn P.A.I., of Iris Twot Deed Shall require Trustee 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 />POwen, If It $hall have grounds for behaving that the repayment Of such funds or
<br />adequate Ind —idly against o.on IS' -1 ilablllty Is not raasonably assured to it (c)
<br />Trustee may r9naul( with counsel of his own choosing and the edvlee of such
<br />c nsel shall De full and Complete authorization and Protection In the respect of
<br />any action taken or suffered by It hereunder In good faith and nllan.e thereon; (d)
<br />Trustee shall not ba liable lot any action taken by him In good faith and
<br />O ,Ifaled by him to be authorized or within the disoollon Or rights of powers
<br />conferred UPC, it by this Trust Deed,
<br />17, Additional Security Inawmanta. Trustor, at its expense, will execute aril deliver
<br />to the Trustee, promptly upon demand such security Instruments as may be
<br />required by Tro$te9, In form and substance satisfactory to Trustee, covering airy of
<br />the Property conveyed by !Ids Trust Deed, which security instruments shall be
<br />additional security for Ta kit's feflnl -I performance of all of the farm., covenant.
<br />and conditions of this Trust Dead, the promissory notes secured hereby, and any
<br />other security instruments axaouled in connectfon with this ton —tine, -Such
<br />Instruments shelf be recorded or filed, and re- recorded and ,filed, at Tnetor'e
<br />expense.
<br />18, MNeellane
<br />(a) In the event any one or more of the provnlons Contained In this Trust Deed or
<br />the promissory note ar any other security Instrument given In connection with
<br />this transaction shall for any reason be held to be Invalid, Illegal or
<br />enforoee0ue rtan
<br />In any resoecl, such Invalidity, Illegality, or ufenuial lllty
<br />wall, at the option of BeneflNary, not affect any other provision of this Trust
<br />Deed, but this Trust Dead shall be construed ea if such Invalid, Illegal, or
<br />�n M.—able provision bad never bean ... Whoof heroin or thenm.
<br />(p) This Trust Deed shah be construed according to the laws of the State of
<br />Nebraska.
<br />(c) This Trust Dead shall Inure to antl bind the heirs, legatee., doweeea,
<br />administrator,, executor,. successors and assigns of the parties hereto.
<br />td) Trustor shall Pay all taxes leaned upon this Trust Deed or the debt wound
<br />hereby, together w11h any other lazes or asn eesmenn which may be I elect
<br />agalne the Trustee or Beneficiary or Ine legal holder of said Promissory note
<br />on account of the Indebtedness evidenced thereby.
<br />(a) Whenever used herein, the Singular number shall include the plural, the
<br />singular, the u$a of any gender bell be applicable hall genders, and the term
<br />"Beneficiary" shelf Include any payee of the indebtedness hereby secured or
<br />any transfer m «'ol . whether by operation of law or otherwise.
<br />19.$ lrecesaw Thus— Beneficiary may from time to time substitute a succeaaor or
<br />on to any Trustee named wereln or acting nereundar to execute this Trust
<br />Upon sucn. - PPOlntmenl and -1h p.1 cr.meyance 10 the dw— or Trpeea,
<br />the letter shall be veated with all tine, ppwen, and duties conferred upon any
<br />Trustee herein named or acting hereunder. Each such appointment and
<br />,ubslllullon anal' be 111. by wrhten Instrument by Banatchuy, containing
<br />.rote... to !re's Trust Dead and Its place of record. which when recorded In tine
<br />otllce of the Register of Deeds of the county or counties In which said properly Is
<br />situated shall be conclusive proot of proper appointment Of the a,ccssadr Tm.lae.
<br />The foregoing power of Substitution and the procedure therefore Shelf not ber
<br />exclusive of the power and procedure provlded for by law for the substitution of a
<br />Trustee or Tru little, in the place of the Trustee.
<br />20. Foriteannea by Seaafkhary or Trustee Not • Wahee, Any .rebearance by
<br />Redeticlery or Trustee In exercising any right or remedy hewun„ othmwlas
<br />afforded by applicable law, shall not be a waiver of or produce the ...r a of any
<br />Fight «remedy he, ...do,. Llkewlee, me waiver by 8 ..f'elary or T.ualea of any
<br />default of Trustor antler Into Trust Deed shall not be deemed to be a walver of any
<br />other or Similar delaulle.."e quentiy pacwdny.
<br />21. Tnaf.r Not Released. Extension of the time for payment of modification or
<br />1100 wtJOA of the sums secured by Imo Trust Deed granted by Benaticrory to any
<br />rosiest OI Trustor shall not operate to nleaea, In any manner, the
<br />liability of ins original Trustor or T.sloi s aucce.sor In smallest. Beneficiary shall
<br />not De required to commence ploceedmgB against such successor or refuse to
<br />..,and Ib w for payment or Otheni modify amcaltati.. of the ...I secured by
<br />this Trust Dead by reason.1 any demand made by the original Trustor and Truslor's
<br />.C.c...... in innn.I.
<br />22. Default It than shell be a default under this Deed of Trust or under any prior
<br />mortgage, the Renellciary may cure such default, and the amounn advanced by,
<br />and other costs and expenses of the baneficlery In curing such default, wfth
<br />in'. set al Ina default rata .onlalbea in the Note secured hereby from the time of
<br />the advances or payments shall be added to the Indebtedness Secured by this Trust
<br />Dead AW may be c011ecfed hereunder It any time attar the t.e of such advances
<br />OF payments antl shall be deemed to be Secured hereby,
<br />23. Option to Fareclose. Upon me oClarence of any default hereunder, Benef data
<br />shall have me option to foreclose this Trust Dead In the manner provlded by Isw lot
<br />the lorOCIOSUM of mortgages on real property.
<br />24 . Tre.loe. Rights, Absent Delauit Until any default In the payment of
<br />Indebtedness hereby Secured or until the beach of any covenant herein contained,
<br />the Trust. , It. auccesaors and assigns, shall poseass and enjoy the properly, and
<br />receive the rents add profits therefrom. Upon payment of all Sums secured by this
<br />True, Dead, Beneficiary shelf request Trustee to I"Orreay the property and shelf
<br />rerder this Trust DOW and all notes evidencing indebtedness secured by this
<br />Trust tread to Trustee. Trustee shall reconvey the ..party without warranty and
<br />without charge to the Pefsons legally entitled thereto. The Grantee In any
<br />recOnveyence may be described as "the person or persons entitled there,,,, end
<br />iha recitals therein of any mallets or facts shall be . —I.Sx. proof of the
<br />truthtul"we thereof. Such parson or POISOna $hall pay alt costa of recording, it any.
<br />25 A ... lowd.n In the Event of Transfer. In the event the title to saW real estate Is
<br />• reed, or contracted to PC iransnued, from the undersigned for any reason or
<br />by any method whatsoever, the entire principal sum and ...rued Interest Snell at
<br />once become due and payable ill ine election of the a ... hoje, Failure to ..... I..
<br />this option because of hansfer of fill' as above Stated in one Instance swill not
<br />constitute a we've, of iha r,on, Io exercise the lama In the event of any subsequent
<br />hensle:.
<br />16. This deed of Inai Ya furl.: Io on. bated
<br />executed by Trustor to ._ .. _ Trustee.
<br />soo.nng a principal not. for
<br />DOhar, and tike lo,' --'it wnh Ina Register of Dead, no identified as toil
<br />
|