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<br />84 -005587
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<br />and, wlltJout delJl&nd)sf1all oe Immediately due and payable by Truslor and shall
<br />bear inl~rest at 100 ma)(lmum allowable legal 'OIle, provided, he-wever, (hal al the
<br />option ot Benefic!I:Hy or Tlllstee SUCh sums may be added to ihe prinCipal balance
<br />of any Indebte<lness secured hereby and shall beat the same mterest as such
<br />Indebtedness and shall be payable ratably over the remamlOQ term thereof
<br />
<br />10. As.lgnment 01 Rents. BeneficlaPf shall have the "'ghl, power and authortly
<br />during the contmuanca jot this Trust Deed 10 collect the rents. Issues and prollts of
<br />the Property and 01 any personal property located therf;lon with or WIthout taking
<br />possession of the property affected hereby, and Trustor hereby abSolutely and
<br />unconditionally assIgns all SuCh rents. issues and prolits to BenefIciary.
<br />BeneficIary. however, hereby consents to the Trustor's collection and retention of
<br />SUCh rents. Issues and proWs as they accrue and become payablf;! so long 'as
<br />TttJ$I{\f i... nnl <II such times. jr'l defal.ilt with respect to cavmen! at any
<br />Indebtedness secur~d hereby or In lhp performance of any agreement hereunder
<br />Upon any such default. 8enetJclary may at any time, either in person, by agent, orby
<br />a receiver to be appointed by a court, .....Ithout notIce and Without redard to the
<br />adeQuacy of any security for the indebtedness hereby secured, la) enter upon and
<br />lake possessIon of the Property or any part the/Bo!. and in Its own name sue for or
<br />otherwise collect sucn rems, ISSUo'fS and profits, mcludlflg those past due ar:d
<br />unpaid, and apply !he same, less costs and expenses of operation and collection,
<br />Including reasonable attorney fees, upon any indebted'1ess secured hereby. and in
<br />sucl1 order as Beneficiary may delermme: (b) perform such acts of repair or
<br />protection as may be necessary or croper to conserve trle value of the Property: leI
<br />lease the sarna or any part thereo! for such rental. term. and upon such conditions
<br />as its judgement may dIctate Unless Trustor and BenefiCIary agree otherwise in
<br />writing, any application of rents, ,ssues Of profits to any Indebledness secured
<br />hereby shall not extend or postpone the due date of the Installment payments as
<br />provided in said promissory nole or change Ine amount oi such installments. The
<br />entering upon and taking possession 01 the Property. the collection ot such rents.
<br />issues and prollls, and the appllcaUor'l thereof as aforesaId, Shall not waive (lr cure
<br />any default or notice of default hereu:\der. or :nvalldarg any act done pursuant to
<br />such notice. Trustor alze a~slgns :0 BenefiCiary, as further security for the
<br />performance of the obligations secured nareby. all preoald rents and at! monies
<br />which may have been or may hereafter be depOSited wI,h said Trustor by any lessee
<br />of the Property, to secure the payment of any rent and UPOIl detault in the
<br />~rformance of any of the prO....,SIOnS nereot, Trustor aQfeeS to deliver such rents
<br />and deposits to the Beneficiary. Delivery of written ~otlce 01 the BenefiCiary's
<br />exercise of the rights grantp.o ne'clt'l. to any !ena:ll occupymg said premIses snaH
<br />be suffiCient to require said lenar;t 10 pa~< said renl tD The Benehctary until further
<br />notice
<br />
<br />11, LH.MI Preml.... Within 10 days after demand. Trustor shali furnish 10 Trustee
<br />a schedule certified to bE! true. setting forth all leese~ 01 space in the Trust
<br />Property then In etlect, IncludIng. in each case, the name of lhe tenants ana
<br />occupants. a dascrlptlon of the space occupied by such tenant and occupant, the
<br />rental payable for such space and such other information and docaments with
<br />respect to such leases and tenanCies as the Trustee may request
<br />
<br />Wlthuut tt',s prIor writt~n COf\3G.'1t of Tru::;too, Tfu~!cr st!al! ~ot d!rec!!y ':'f
<br />Indirectly, with rnpect to any lease o! space in tha deserlbee pr~ff1lses, whether
<br />such lease j~ now or hereafter in exi~tence; (a) accElpt or ~rmft any f.',;ps.,.'1enl.
<br />discount or advance rent payable thsr6under; (b) cancei or terminate the same, or
<br />accept any cancellation. termination or surrender thereot. or permit any event 10
<br />occur which WOUld snUUa the lessee tnereui'lder to terminate or cancel the same; (cj
<br />amend or modify the sam!! so as to reduce the term thereof. the renlal payable
<br />thereunder, or to change any renewal provisions therein contained; (dl waiVe any
<br />default thereunder or breaCh fhereot; (a) give any consent, waIver or approval
<br />thereunder or take any other action In connection therewith, or wllh a lessee
<br />thereunder, which would have the 9ff&ct of ImpaIring Ihe value of lessor's Interest
<br />!hereund9r, on the Property subject thereto. or 01 impalrlng the ~UiOfi or interest
<br />of the Tru~tee or Beneficiary; or if~ selL aS~lgn. pledge. mortgage or otherwise
<br />dispose 01, or encumber Its interest in any such lease or any rents, issues or profits
<br />Issuing or arising thereunder
<br />
<br />12.. CondemnIitlon.!t title to any part of the Property ShAll be taken in condemnation
<br />proceedings. by right of eminent domain or similar action, ~r shall be sold under
<br />threal of condemnation, all awards. damages and proceeds are nereby assigned
<br />and shalt be paio to Beneficiary who shat! apply sllch awardg. damages and
<br />proceeds to the sums secured by the Trust Deed. with the ellces~, if any. paid to the
<br />Trustor_ Trustor wHl promptly, and WIth due diligence, rapall, alter and restore the
<br />remaining par1 of the Trust Property to its tormer condltlon substantially to the
<br />extent that the same may be feaSible and so as to conSlitute a complete and usable
<br />linlt
<br />
<br />13. Futurt: AdY.neM. Upon reQuest of Trustor, Beneficiary, at Beneficiary's option.
<br />prior to reconveyance ot the Property to tl1e Trustor, may make future advances to
<br />the Trustor Such future advances, ..wIth Interest theleon. snat! be secured by this
<br />Trust Deea when evider;ced by prCffitSSOJ)' notes slating that said notes are
<br />secl.Hed hereoy: provldeCl that at no llme shall toe secured principai, fulure
<br />advances. not InciuOlng sums aavanced to protect the secunty, ;!xceed one
<br />hundred percent i100'i~) 01 the oriQlnai principal amounts secured hereo)/.
<br />
<br />u, RemedlM Cumul.U.. All remedies pro'o'idlld in this Trusl Deed are distinct and
<br />cumulatIve to ant 0,'._. .-hlor f9medy ';noer tnlS Trust De1:ld or afforded by law or
<br />~Ulty. and may be exsrC1SEK'l cOrlcurrenti~, Independently or succe5~ively
<br />
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<br />15, AccfieqUon; Remedlaa; Satl.. upon defaull by TrustOl in the payment 01 any
<br />Indebtednee~ ~fKCft'd hereby or In the performance 01 any agreement hereunder,
<br />S&.-.v~j.:lari :-r.-AY ~la;:. OlH :lum~ ~~uroo h~H=-by lm~I~lei'J due :;:;nd ~'J@.b!e by
<br />dellvtllY to Trus~" of written d~iaraljon of detault The Trustee shalt ha...e the
<br />power of 8.16 of the Property and II BenefiCiary daSlres the Property 10 be sold, it
<br />sh(l.il OtlpOlllt with Trustee this Tru~t Deed and all promissory notes and documents
<br />a...ld~nclno 6xpendltures ~ecured hereby. and shall deliver 10 Tru~lee, a written
<br />notice 01 default and election to cause the Property to be sold. and the Trustee in
<br />lurn shall prepare a similar Notice in the lorm reQuired by law, which shall be duly
<br />tiled for r&cord ()"t Trustee.
<br />
<br />(a) After the lapse 01 such lime as may bEt reQul!ad 'Jy law followIng the record.
<br />atlon of uld notice of -aefault, and ooticv of default and notice of s81e ha'llng
<br />been gl...en as reqUIred by law, Trustee, without demand on Tr.Jstor, shall sell
<br />the Property on lhe date and at th<8 lime alld pia.:;e deslgnaltKIln said nollce of
<br />s.le. at public auction to tM hjghe~l bldde(, the purchase price payable In
<br />lawful money 01 trte U:1itad States at the time of sale, The person conduct 109
<br />lhe sale me)'. tor any cause ne deerns (3J;pedlent, postpontl the sale trom Hme
<br />to lime untli It 5naU be comp1etec and, In every such csse, noUce at poSlpone.
<br />ment ~h.H be giv6n by publiC declaration thereo! by sucn person at the tIme
<br />and place IUI appoInted for tne sale; provided", If the sale !s postponed for
<br />longer than (1) day beyond lhe (jay deslgnetea In thl3i notice of sale, notlce
<br />the-roof ahall be given lnthe same manne, 8S the origInal notice of sale
<br />
<br />Trust~ shall e)lflcute and deliver to the purchase! his Deed conveying the
<br />Prop$rty sclO. but without any covenant or warranly. ex.pftl8S, or Implied. The
<br />r&citals In tne Deed 01 aoy matters. 0' fscts. shall be conclusive proof of the
<br />lfl.llnfuln8~" thereof J\m' ~rson lncludlno Beneflclsf\I. mav- purchase allhe
<br />sale. < - -.
<br />
<br />(b) When TrU8t&6 sells pUlsuant to th& powers herein, the Truslee shall appl)' the
<br />proceeds of the sale to payman! 01 the costs and expens8s Qf exerciSi;",g the
<br />power 01 sal& and 01 the 5ale, IncludIng lhe payment at the Trusl6i:!'::l Fees
<br />actually Incurred, not to ex.ceed ".~____._ __ _____ % of the saie price, and th~n to
<br />the ltems In $ubpara.graph (c) in the order Ihere stated.
<br />
<br />(e) After PlIylng the Items specilioo in 'ubp8ngraph (bl illhe sale is by Trustee, or
<br />the proper coun and olher CO!5ts 01 foreclosure and sale If lhe sale Is pursuant
<br />to ludlclal foreclOSlJre. lhe PH)C6edS of sale shall be applloo If"I Ihe order ::)!ated
<br />t.o the p.aymef\t 01
<br />
<br />(I) Cost of &ny evidence o! litie proculad In connection wl1h ~lJch sdle and of
<br />any (.venue stamps;
<br />
<br />(ll) All i!lu.mll then ~acured htuaby,
<br />
<br />Oil, The rt'!miilnder. it any, to loe penon regally anlilled t~"(t!l,-'
<br />
<br />16. OuU.. and Obligations 01 TruetM. (a) The duties and otlligations of Trustee
<br />shall be determined !;olllly by lhe F:l~press provisions 01 the Trust Deed and Trustee
<br />shalt nol be !labia oxcept for the performance of such duties and Obligations as are
<br />specifically set forth herein, and no implied covenants or obligations shall be
<br />imposed upon Truslee; {b) No provIston of this Trust Deed shafl require Trustee to
<br />expend or rIsk his own funds, or otherwise incur any financIal obligation In the
<br />performance ot any of ltS duties hereunder, or In the exercise of any of Its rIght or
<br />powers, ill! Shall have grounds for believing thaf the r6payment of such fl,lnds or
<br />adequate IndemnIty agaInst such riSk or ~,ablllty is not reasonably assured to It; (c)
<br />Trustee may r:onsul! with counsel of hIs own choosing and the advice of such
<br />counsel shall be full and complete authorization and protection In the respect of
<br />any action taken or sulfered by it hereunder in good faith and reliance thmean; (d)
<br />Tru~tee Shall nol be Hable for any acHon taken by him ;,IQoOO faIth and
<br />believed by him to be authorited or within the dlscret!on or rights of powers
<br />conferred upon It by tnls Trust De:ed,
<br />
<br />17. AddItional Securlty Instrumenta, Truslor, at It~ expense, wlfl execute and deliver
<br />to the Trustee, promptly upon demand, such security In-struments as may be
<br />required by Trustee, In form and substance 58Usfactory to Trustee, covering any of
<br />the Property conveyed by thIs Trust Deed, which security Instruments ahan be
<br />additional security lor T.ustor's faithful performance of all of the terme, covenants
<br />and coMlttons ,01 this Trust Deed. !he promissory notes secured hereby, and any
<br />other security Instruments executed in connection with this transaction. Such
<br />Instruments shaH be lacordad or filed. and r8-fecorded and reflled. at Truator'a
<br />expense.
<br />
<br />18. Mlsceflneou..
<br />
<br />{a) In the event anyone Of more of the provisions contained In this Trust ne.o or
<br />the promh'sory note or any other securlty Instrument given in conneetlon wtth
<br />this lransactlon shall for any reason be held to be In\l'8IId. I~ ,Of
<br />unenforceable In any respect, such Invl!IUdfty. 1II~lty, or unenforcMbfUty
<br />shall. at the option of eeneflclary, not affect any oth8f' prov!slon otlhta Tn18t
<br />Deed. but this Trust Deed shall be construed as If such 1rtva!ld. lI1egaJ, 0(
<br />unenforceable provision had never been contaIned horetn or therein.
<br />
<br />(b) This Trust Deea shall be constru$d according to the laws of the State of
<br />Nebraska.
<br />
<br />(e) This Trust Deed shall Inure to and bind the heirs, legatees, devtseel!J.
<br />administratO~, execu1ors. successors and assigns of the p.lirtlea hereto.
<br />
<br />(d) Trustor shall pay all taxes levied upon tnls Trust Deed or the debt secured
<br />hereby, logethet with any other taxes or alllS88sment$ willen may be IeYied
<br />against the Trustee or Beneficiary or the legal holder of said promlasory note
<br />on account 01 the indebtedness evidenced thereby.
<br />
<br />Ie) W~never used here!n. the singular number shaM Include the plural, the
<br />>:Ingular. the use of any gender shall be applicable to all genders, and the term
<br />deneflclary" ~halllnclude any payee of the Indeb!edness.h8reby secured 0(
<br />..,y,. ifail5~iif it-,...."'-.:< ..h;;-thar by Op;niitiuii of Iii.. vi othGr..lse..
<br />
<br />19. SUcc:n:sor Ton... Benallciary milY from time tQ time subatltute.. suceesaor or
<br />succeal!lOl"S fo any Trustee named herein or acting hereunder to execute this Truat
<br />Deed. Upon such appointment and without conveyance to the succepor Truat.e,
<br />the latter shall be veated with all tltkl. powers, and dulles conr.n.d upon .,.,
<br />Trustee herein named or acting hereunder. each such eppointmeJlt and
<br />substitution shall be made by wrlUen lnatrument by Beneficiary, contaIAtnO
<br />"lference to this Trust Deed and It~ placlI of record, which when ~,in u.
<br />office at the Registar ot Deedl'l of the county Of countlea In whtch Mkl propeny te
<br />situated ~hall be conclusive proof ot proper appointment of the auccueor TfUetN,
<br />The forego/ng power of substltutlon and the procedure therefore ,...11 not 0.
<br />exclusIve of the power and procedure provtdad for by law for the -substitution at.
<br />Trustee or Ttustees In the place 01 the Trustee.
<br />
<br />20, Forbeaf1lnce by hMllclary Of Trvatw Hot a W....... An)' fOftbNtance by
<br />Beneficiary 0( Trustee In exercising any right or remed)' hef8Undet, or othMwlee
<br />afforded by applicable law, Shall not be. waiver ot or preclude the a.erelM of any
<br />right or remedy hereunder. likewise. the w.l....r OJ B8natlcUUy or Trustee> of any
<br />delauft 01 Trustor under this Trust Daed shan not be deemed 10 be a waWet'of any
<br />other or similar defaults subsequently occurrlng,
<br />
<br />21_ TNlitor Not R.....Hd. Exleoston of tho tllTI$ to/' payment or modlflcatton or
<br />amortIzation of the sum~ aecured by this Trust Deed gfWinted by BeneflctarY to any
<br />successor In Intereat of Trustor shall not QCHN'ate to ......... In any manner, the
<br />liabtllty of the orlolnal Trustor or Trustor's succeuor In Interett. &.,neflc,*, ahafl
<br />not be required to commence proceedings against such succeeaor or refute to
<br />extend time for payment or oth&fWlse modify amortization of the sums secured by
<br />thla Trust Deed by raason ot any demand made by the orlgtnal Trustor and Truator's
<br />succes~ors in Interest.
<br />
<br />22. Delnlt. If there shall be 8. default under this Deed of Trust Of undef any prior
<br />mortgage, tM Benollciary may cure ~uch default, and the amOunts adVanced by,
<br />and other cost:! and expenses of lhe beneficiary In curing such default, with
<br />Interest al the default rate conlalned In the Note $&Cured Mreby from the ttme of
<br />the advances 01 payments shall be added to the Indebtedned seoured by ,tits Trust
<br />Deed and may be collected hereunder at any Ume after the tlme of .ucfl 14vanc:ee
<br />or payments end shall be diS~mfld to be secured hereby.
<br />
<br />23. Option to For.clon. Upon the occurance of any default helttunder. Beneficiary
<br />shall have the option to foreclose this Trust Deed In the manner provided by law fOt
<br />the foreclosure 01 mortgages on re.1 property,
<br />
<br />2.. TN.tor. R~t.. Abunt o.llult. Until aflY default in the payment 01
<br />indebtedneas hereby secured or until the brHch of arty co~nt her.ln contained.
<br />the Trustor, lis successors and uslgns. shaH poueu and enjoy the property. and
<br />receive the rents and prollts therefrom. Upon payment Qf aU sums secured by this
<br />Trust Deed. BeneficIary snail reQuest Trustee tQ ntConv$y the property and attall
<br />surrender thIs Trust Deed and all notes evidencing Indebtedneu secured by this
<br />TrlJ~1 Deed 10 Trustee. Trustee Shall reconvey Ille property without .....arranty and
<br />without Charge to the persons !egally enllUed thereto. The Grantee in any
<br />reconveyance may be described as "the person or ~($ons entitled theretQ." and
<br />the recitals therein 01 any mall&rs or facls shall be conclusive proof ot the
<br />lruthfulness theraol. Such per~on or persons shall pay all costs Of recording, If any.
<br />
<br />25, AccII~.llon Iflllle E"nt of Tl'tln.t.r. !n the event the title to said real ealate is
<br />transferred. or contracted to be transferred. from the undersigned for any r$l:300 or
<br />by any method whatsoevel, the enUre principal sum and accru4'KIJntete$t shall at
<br />once become due and payabie at the elactlon 01 the Beneficiary. Failure to exercise
<br />thIs o)tion because 01 transier of title as above slated In one: Instance shall nol
<br />constitute a waiver of the Ilghl to t1Jterclse the same in the e...enl olllny subsequent
<br />transfer.
<br />
<br />Ie, This deed 01 trust 15 junior to one Oated __
<br />
<br />IX&Cut&d by TrustOf to Rom.e....E.ederRl
<br />
<br />S!'lV; ngs-Lr,~iiItl.e.
<br />
<br />aecurlng a prinCipal note 10f
<br />
<br />Dalla" and fIIctd for recold with the Register of Deecls and ldenllfled as follows:
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