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<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 insuf�icient to pay the tqtal indebtedness secured hereby,
<br />Trustor(s) do hereby agree to be personaliy bound to pay the unpaid balance, and Beneficiary will be
<br />entitled to a deficiency judgment.
<br />8. Should Beneficiary elect to exercise the Power of Sale granted herein, Beneficiary will notify Trustee
<br />who wili record, publish, and deliver to Trustor(s) such Notice of Default and Notice of Sale as then
<br />required by law and will in th� manner provided by law, sell the property at the time and place of sale
<br />fixed in the Notice of Sale, either as a whole or in separate lots, parcels, or items and in such order as
<br />Trustee will deem expedi�nt. Any person may bid at the sale including Trustor(s), Trustee, or
<br />Beneficiary.
<br />9. Trustor(s) hereby requests a copy of any Notice of Defauit or Notice of Sale hereunder to be mailed
<br />by certified mail to Trustor(s) at the address(es) set forth her�in.
<br />10. Upon default, Beneficiary, either in person or by agent, with or without bringing any action or
<br />proceeding and with or without regard to the value of the property or th� sufficiency thereof to discharge
<br />the indebtedness secured hereby, is authorized and entitled to enter upon and take possession of the
<br />property in its own name or in the name of the Trustee and do any acts or expend any sums it deems
<br />necessary or desirable to protect or preserve the value of the property or any interest therein, or
<br />increase the income therefrom; and with or without taking possession of the property is authorized to
<br />sue for or otherwise collect the rents, issues, crops, profits, and income thereof, including those past
<br />due and unpaid, and apply the same upan any indebtedness secured hereby or in the laan
<br />agreement(s).
<br />No remedy her�in conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive af
<br />any other remedy herein or by law provided or permitted, but each will be cumulative, will be in addition
<br />to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute, and
<br />may be exercised cancurrently, independently or successively.
<br />11. Trustor(s) acknowledges that the duties and obligations of Trustee will be determined salely by the
<br />express provisions af this Trust Deed or the Nebraska Trust Deeds Act and Trustee will not be liable
<br />except for the performance of such duties and ob.ligatians as are specifically se# forth therein, and no
<br />implied covenants or obligations will b� imposed upon Trustee; Trustee will not be liable for any action
<br />by it in good faith and reasonably believed by it ta be authoriz�d or within the discretion or rights of
<br />powers conferred upon it by this Trust Deed or state law.
<br />12. The integrity and responsibility of Trustor(s) constitutes a part of the consideration for the
<br />obligations secured hereby. Should Trustor(s) sell, transfer, or convey the property described herein,
<br />without prior written consent nf Beneficiary, Beneficiary, at its option, may declare the entire
<br />indebtedness immediately due and payable and may praceed in the enforcement of its rights as on any
<br />other default.
<br />13. Assignment af Rents including Proceeds of Mineral Leases. Trustor(s) hereby assigns, transf�rs,
<br />and conveys to Beneficiary all rents, royalties, bonuses, and delay moneys or other proceeds that may
<br />from time to time becom� due and payable under any real estate lease or under any oil, gas, gravel,
<br />rock, or other mineral lease of any kind including geothermal resources now existing or that may
<br />hereafter come into existence, covering the property or any part thereaf. All such sums so received by
<br />Beneficiary will be applied to the indebtedness secured hereby; or Beneficiary, at its option, may turn
<br />over and deliver to Trustar(s) or their successors in interest, any or all of such sums without prejudice to
<br />any of Beneficiary's rights to take and retain future sums, and without prejudice to any of its other rights
<br />under this Trust Deed. This assignment will be construed to be a provision for the payment qr reduction
<br />of the debt, subject to the Beneficiary's aption as hereinbefore provided, independent af the lien on the
<br />property. Upon payment in full of the debt and the reconveyance of this Trust Deed of record, this
<br />assignment will become inoperative and of no further force and effect.
<br />14. This Trust Deed constitutes a Security Agreement with respect to all the property described herein.
<br />15. The covenants contained in this Trust Deed will be deemed to be severable; in the event that any
<br />portion of this Trust Deed is determin�d to be void or unenforceable, that determination will not affect
<br />the validity of the remaining portions of the Trust Deed.
<br />m ��
<br />n D Willo ghby Joyce wlloughby
<br />INDIVIDUAL B�RROWER ACKNOWLEDGMENl"
<br />STATE OF NEBRASKA )
<br />�55
<br />COUN1"Y O� HALL )
<br />On this Sth day af October, 2010 before me, a Notary Public, personally appeared
<br />John D Willoughby and Joyce M Willoughby, husband and wife
<br />to me known to be the person(s) named in and who executed the foregoing instrument, and
<br />acknowledged that they executed the same as their voluntary act and deed.
<br />(SEAL) �� NOTAHY- State of Ne6raska
<br />ECHO ALCpiiN
<br />"� My Camm. Exp. March 21, 2014
<br />My commission expires March 21, 2014
<br />App #: 5028p69; CIF #: 186209; Note #: 202
<br />FORM 5011, Trust Deed and Assignment of Rents
<br />�
<br />Echo Alcorn
<br />(Type name under signature)
<br />Nntary Public in and for said County and State
<br />zo2ep
<br />Legal Doc. Date: October 8, 2010
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