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<br /> I nsture whatsoever. _
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<br /> Tnis Trust Dood will bo duu Merch Oi. 2013 _ ,ar upon tho poyment in tuli ot all suma securod h¢►oby. �O���`iA�A�] I �
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<br /> ' Trustals)horoby warranta that TrustorlAl holds tee simple title to the above doscnbod property,that Trustorlsl hos pood and lawful outhority to r
<br /> � dood end encurnbor tho same, thnt the proporty ie froe and clear of oll iiena and oncumbrances, excopt encumhrance� of record, end that I
<br /> � Trustarls) will warr9nt end defand the property, at Trustorlsl expense.against all clAimants whamaoever. Truator�s) olso t!uroby weives and ,
<br /> reNnquishea ail rights of dower,homestead,distributive share,ond exemptian m and to the above desc�ibed property.
<br /> � � Trustarls)�rtd taah of th�m furthsr covtnsnU and aprtes with B�n�ital�ry a�follows:
<br /> 1. To pay ali lions,�udgmonts,or othor nssessmente eqeinst the�roperty, and to pay when due all essessments,taxes,ronts, feos, or charges -
<br /> iI upon ihe property or under any leaue,permit, licenae, or priviloge assigned to Beneiicfary as uddrtionel socurity lo this Trust Dood, includinp I
<br /> Ithose in or on public domoin. ,
<br /> 1 2. To insure and keep inaured bufldings and othe�improvoments includng fixtures and ettachmants now on or hereafter placad on the property ,�__
<br /> to the eatisfaction of Beneficlary. Such insurance wfll be approved by and deposited with Beneficiary, and endorsed with loss payable cleuse to
<br /> 8eneliciary. Any suma ao received by Beneficiary may bo used to pey for reconatructfon of the destroyed improvements or if not ao applied mey '_
<br /> � be app�ied,at the option of Beneffaary,in payment of any indebtedness matured or unmatured secured by this Truat Deed. ,��
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<br /> � 3. To keep all buildinge,fixtures,attachments,and othor improvements now on or hereafter placed on tlw property ocpupPie�nd in good repeir. _ - ------
<br /> i maintenance, and condition and to neither commit nor permit any acts of waste or any impairment of the value of the ro e Beneficiary may
<br /> entor upon the property to inapect the aeme or to perlorm any ects autMrized herein or in the loan egreementlsl.
<br /> I4. In the event Trustorl�) fails to pay any Ifens, judgments, assessments, texes, rents, fees, or chargos or maintam any inaurance on tho _ --
<br /> I property, buildings, fixturer,attaChments,or improvementa as provided herein or in the loan aQreementlsl. Beneficiary,at ita option, may meke .
<br /> auch payments ar provide insurance, mafntenance, or repairs and any amounts paid therefor will become part of the principal indebtednese
<br /> secured hereby,be immediately due and payable and bear interest at the defauit ratA provided in the notels) trom the date of payment until paid.
<br /> � , Tho advnncement by Beneficiory of any auch amounts will in no manner limit the right of Beneficiery to declare Trustorls) in default or exercise
<br /> any of Beneficiary's other rlghts and remedies.
<br /> 6. In the event Benefitiary is a pany to any litigetion affecting tha property or the Ifen of this Trust Deed, including any action by Benefieiery to
<br /> ' enforce this Trust Oeed or any suit in which Benoficiary is named a defendant (�ncluding condemnetfon and bankruptcy pruceedings) Beneficfary
<br /> � may incur expenses and advance payments for abstract fees,ettomeys lees Ito the extent allowad by lawl, costs,expenses,eppraisal feea,and
<br /> c:her charges and any amounts so advnnced will become part of the principal Indebtedneae secured hereby, be immediately due end payeble and
<br /> ' bear interost at the default rate provided In the notelsl from the date of advance untii paid.
<br /> �, i 8. Any awards made to Truator(sl or their successors by the exercise of eminent domain are hereby aesigned to Beneficfary;and Beneficiary fs z�-�
<br /> i hereby authorized to collect and apply the same in peyment of any fndebtedness,mature or unmatured,aecured by this Truat Deed. I
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<br /> � 7. In the event Trustorls) defaults in the payment when due of any sums secured hereby Iprincipel, interest,edvancements, or protective , �+
<br /> advancesl, or fails to perform or observe any covenants and conditions contafned herein, in the note(sl, loan agresmentlsl. or any other
<br /> instruments,or any proceodings is brought by or against Trustorlsl under any Benkruptcy laws.Beneficiary,at its option, may declere the entire �•, ,
<br /> - ir,��C;cdrec�secure�hers�y t^ be�mma�iiarely due and payable and ihe whole wiil hear interest et tha default wte as provided in the notelsl � ,�a� _
<br /> � and Beneficiary may immediately authorize Trustee to exercise the Power of Sele granted herein m the manner provided in U�n Wdbiabwo Truot : `\;.^:
<br /> ' ' Deeda Act,or,at the option of the Beneficiary,may foreclose the Trust Deed in the manner provided by law tor the foreclosure of mortgagea on ,k,�
<br /> ,, real property, including the eppointment of a Receiver upon ex parte application, notice being hereby ezpressly waived, without regard to the �.: :��
<br /> value of the property or tho sufficlently thereof to discharge the indebtedness secured hereby or in the ban agreementlsl. Delay by Beneficiary ,
<br /> in exercising its rights upon default wlll not be construed as a weiver thereof and any act of Beneticfory waiving eny specified default will not be ��
<br /> conatn�ed as a waiver of any future dafault. If the proceeds under such sale or foreclosure are insufficient to pay the total indebtedness secured `
<br /> hereby, Trustorlsl do hereby agree to be peraonally bound to pey the unpaid balance,and Beneficlary wiN be entitled to a deficlency judgment.
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<br /> 8. Should Beneficiary elect to exercise the Power of Sale granted herein, Beneticiary will notify Trustee who will record, publish,and deliver to
<br /> Trustor(sl such Notir,e of Default and Notico of Sale as then required by law and will in the manner provided by law,sell the property at the time !!�r
<br /> and place of sale fixed in the Notice of Sale, oither as a whole or in separate lots,parcele,or iteme e��d in auch order as Trustee w(II deem ��.�
<br /> expedient. Any person may bId at the sale Including Truator(sl,Trustee,or Beneflclary. --�
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<br /> 9. Trustor(s) herehy requesto a copy of any Notice of Default or Notice of Sale hereunder to be mailed by certifled mail to Trustor(cl at the -���=—
<br /> addresslesl set torth herein. I��
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<br /> 10. Upon default, Benefir,iary, either in peraon or by agent,with or without bring!ng ern�action or proceeding and wlth or wlthout rega�d to the _-_�- _ _
<br /> � value ot the property or the eufficiency thereof to discharge the fndebtedness sewred hereby,is authorizod end entitled to enter upon and take �T_�-_=
<br /> _ posaession�f the property in fts own name or in the name of the Truatee end do any acts or expend any sums it deems neceseary or desireble ;-_�.^".^
<br /> to protect or presorve the value ot the property or any interest therefn,or Increase the income therefrom; and with or without taking possession _-
<br /> of the property Is authorized to sue for or otherwise colloct the rents,issues, cropa,profits,and incoma theraof,Including those pest d�e end �_��
<br /> , unpaid, and apply the same upon any indebtednese secured hereby or in the loan agreementlsl. :,i�^��^
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<br /> No remedy herein conferred upon or reserved to Trustee or Beneticiary is Intended to be exclusive of any other remedy here{�or by law ,*-;, - ------
<br /> providod or permittecl,but eech wfll be cumulative,will bo in additfon to every other remedy given hereunder or now or hereofter existing at luw „ _.__ ..
<br /> or in equity or by stetuto, and may bo exercised concurrently,indopendently or suaceasively. �,��..;
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<br /> 11. Trustorls►acknowledges that the duties and obligations of Trustee will be determined solely by the express provlsions of thfe Trust Deed or �, �}�
<br /> � the Nebreaka Trust Deeds Act end Trustee will not be liable except for tha performenco of such duties and obligations as are spocifically set �" 'yr,s�'i�•:.
<br /> forth thereln,and no implied covenants or obligations will bo imposed upon Trusteo;Trustee will not be IfaWe for any action by ft in good fefth •��'%'-�' '� '.
<br /> and reasonnbly balievod by it to be auihorized or within tho discretion or rights of powers conferred upon it by this Trust Deed or atate lew.
<br /> 12. Tho intagrity and re�ponsibility of Truatorls) constitutes a part of the consideration for the obtigetions secured heraby. Should Trustorlsl � -
<br /> sell,transfor,or convey the property described herein, without prior written consent ot Beneflcfary, Beneficlary,at its option,may declare the
<br /> entire indebtadness immediataly due and payable and may proceed in the enforcement of its rlghts as on any othor default.
<br /> 13. Assignmont of Ronts includmg Proceods of Minorol Loases. Trustorls) heroby assigns, transfers, and conveys to Boneflcfary all rents,
<br /> royalties,bonuses, and delay moneys or other proceeds that may from time to time becomo due and payable undar any real estate lease or
<br /> undor any oil,gas,gravel, rock, or other minoral Iease of any kind including gaothermel resources now existing or that may hereafter come into
<br /> existence. covering the property or ony part thareof. All such sums so received by Benoficiary will be applied to the indebtednoss secured
<br /> heroby: or Boneficiary, nt its opl�on, muy turn over and deliver to Trustorls) or thoir succossors in mterest, any or all of such sums without
<br /> projudice to any of Beneficiary's nghts to tuk[t and retain futuro sums, and without pro�udice to any of its other ri{�hts under this Trust naed.
<br /> This assignment will be construod to be a provision for the payment or reduction of the dobt,subject to tho Buneficiary's option as hereinbaforo
<br /> providad,independant of the lion on tho property. Upon peyment in full of the debt end the reconvoyanco of this Trust Deed af reco�d, this
<br /> � ossgnment wdl bocome inoperatrve and of no further fqrce and offect.
<br /> I 14. ihfs Trust DoQd constitutes a Secunty Agroomont with raspect to all the property doscribod horein. �
<br /> �S, Tho covenants contafnud �n this Trust Dood wdl ba doomed to bo sovorablo; in tho ovont that t�ny porUon of this Trust Duod is doterminod �
<br /> to bo vad or unenforceable,thnt dotorminauon will not a�foct the velid�ty o�t��o remain�ng portions of the Trust Deod. i
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<br /> MARVIN R VAN DYKE SNARON A VAP�DY � _
<br /> INDIVIDUAI.BORROWER ACKNOWLEDGMEN7 �
<br /> Ap a: 00122398; Prlmary Customor ID lt:00061862: CIF 11:38478 Logal Doc.Doto:Fubruary 17. 1998 P`,t��Z
<br /> Fe.SM 5C�1 TruS�Drnd and Assiynmenl ot Runls
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