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<br /> 200946893 Inst 2dO Nis 5.959 `
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<br /> Provided, however, that the tota1"pAJ6004, ir1de~bt4dhbss outstanding and secured-hereby at any one.
<br /> time will not exceed the sure' Gf ONE MILLION TWO HUN DRIED TY-FIVE THO SAND, _ ,
<br /> ($1,265,000.00), exclusive of interest and protective advances authorized herein or in the loan
<br /> agreement(s); provided further, that THIS PARAGRAPH SHALL NOT CONSTITO A COIGCMIWENT
<br /> TO MAKE FURTHER OR ADDITIONAL ADVANCES IN ANY AMOUNT AI' AIVY T'1 ' E; WHETHER OR
<br /> NOT THE TOTAL PRINCIPAL INDEBTEDNESS ABOVE HAS BEEN ADVANCED.
<br /> This Trust Deed will be due May 1, 2029. d
<br /> a
<br /> Trustor(s) hereby warrants that Trustor(s) holds fee simple title to the above described property, that
<br /> Trustor(s) has good and lawful authority to deed and encumber the same, that the property is free and
<br /> clear of all liens and encumbrances, except encumbrances of record, and that Trustor(s) will warrant
<br /> and defend the property, at Trustor(s) expense, against all claimants whomsoever. Trustor(s) also
<br /> hereby waives and relinquishes all rights of dower, homestead, distributive share, and exemption in and
<br /> to the above described property.
<br /> This trust deed secures more than one note. In the event of default under any note, all notes will be
<br /> considered to be in default and the Beneficiary may exercise the remedies provided herein in
<br /> satisfaction of all notes.
<br /> Trustor(s) and each of them further covenants and agrees with Beneficiary as follows:
<br /> 1. To pay all liens, judgments, or other assessments against the property, and to pay when due all
<br /> assessments, taxes, rents, fees, or charges upon the property or under any lease, permit, license, or
<br /> privilege assigned to Beneficiary as additional security to this Trust Deed, including those in or on public
<br /> domain.
<br /> 2. To insure and keep insured buildings and other improvements including fixtures and attachments
<br /> now on or hereafter placed on the property to the satisfaction of Beneficiary, will on demand furnish
<br /> said policies or furnish proof of insurance to Beneficiary. Any sums so received by Beneficiary may be
<br /> used to pay for reconstruction of the destroyed improvements or if not so applied may be applied, at the
<br /> option of Beneficiary, in payment of any indebtedness matured or unmatured secured by this Trust
<br /> Deed. Such insurance will be in an amount at least equal to the lesser of the loan balance, the actual
<br /> cash value of the collateral, or the replacement cost of the property, and will at a minimum, cover losses
<br /> caused by fire, lightning, explosion, riot, aircraft, vehicles, vandalism, civil commotion, smoke,
<br /> windstorm, and hail. Trustor(s) will obtain and keep flood insurance in force to cover losses by flood as
<br /> re.qu+red by: Beneficiary and- by-:-the -National Flood- -Inaura-noe -•Aet of -1968; as amended - end by
<br /> regulations implementing the same, Trustor(s) further agree that Beneficiary is not and will not be liable
<br /> for any failure by Trustor(s) or by any insurer, for whatever reason, to obtain and keep this insurance in
<br /> force.
<br /> 3. To keep all buildings, fixtures, attachments, and other improvements now on or hereafter placed on
<br /> the property occupied and in good repair, maintenance, and condition and to neither commit nor permit
<br /> any acts of waste or any impairment of the value of the property. Beneficiary may enter upon the
<br /> property to inspect the same or to perform any acts authorized herein or in the credit agreement(s),
<br /> 4. In the event Trustor(s) fails to pay any liens, judgments, assessments; taxes; rents, fees, or charges
<br /> or maintain any insurance on the property, buildings, fixtures, attachments, or improvements as
<br /> provided herein or in the loan agreement(s), Beneficiary, at its option, may make such payments or
<br /> provide insurance, maintenance, or repairs and any amounts paid therefor will become part of the
<br /> principal indebtedness secured hereby, be immediately due and payable and bear interest at the
<br /> default rate provided in the note(s) or credit agreement(s) from the date of payment until paid. The
<br /> advancement by Beneficiary of any such amounts will in no manner limit the right of Beneficiary to
<br /> declare Trustor(s) in default or exercise any of Beneficiary's other rights and remedies.
<br /> 5. In the event Beneficiary is a party to any litigation affecting the property or the lien of this Trust
<br /> Deed, including any action by Beneficiary to enforce this Trust Deed or any suit in which Beneficiary is
<br /> named a defendant (including condemnation and bankruptcy proceedings) Beneficiary may incur
<br /> expenses and advance payments for abstract fees, attorneys fees (to the extent allowed by law), costs,
<br /> expenses, appraisal fees, and other charges and any amounts so advanced will become part of the
<br /> principal indebtedness secured hereby, be immediately due and payable and bear interest at the
<br /> default rate provided in the note(s) or credit agreement(s) from the date of advance until paid.
<br /> 6. Any awards made to Trustor.(s) or their successors by the exercise of eminent domain are. hereby
<br /> assigned to Beneficiary; and Beneficiary is hereby authorized to collect and apply the same in'payment
<br /> of any indebtedness, mature or unmatured, secured by this Trust Deed.
<br /> 7. In the event of default in the payment when due of any sums secured hereby (principal, interest,
<br /> advancements, or protective advances), or failure to perform or observe any covenants and conditions
<br /> contained herein, in the note(s), credit agreement(s), or any other instruments, or any proceedings is
<br /> brought under any Bankruptcy laws, Beneficiary, at its option, may declare the entire indebtedness
<br /> secured hereby to be immediately due and payable and the whole will bear interest at the default rate
<br /> as provided in the note(s) or credit agreement(s) and Beneficiary may immediately authorize Trustee to
<br /> exercise the Power of Sale granted herein in the manner provided in the Nebraska Trust Deeds Act, or,
<br /> at the option of the Beneficiary, may foreclose the Trust Deed in the manner provided by law for the
<br /> foreclosure of mortgages on real property, including the appointment of a Receiver upon ex parte
<br /> application, notice being hereby expressly waived, without regard to the value of the property or the
<br /> sufficiency thereof to discharge the indebtedness secured hereby or in the loan agreement(s). Delay by
<br /> Beneficiary in exercising its rights upon default will not be construed as a waiver thereof and any act of
<br /> Beneficiary waiving any specified default will not be construed as a waiver of any future default. If the
<br /> proceeds under such sale or foreclosure are insufficient to pay the total indebtedness secured hereby,
<br /> App 436894; CIF 59648; Note 105 223EW Legal Doc. Date: August 13, 2009
<br /> FORM 5011, Trust Deed and Assignment of Rents Page 2
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