|
. .
<br /> . . . , - �� , _
<br /> � �--—�...__....
<br /> . . . . .k_ _ , _._ _.
<br /> . . . . . _. .---- -- —- -
<br /> ...:�_.
<br /> � �- _ __—_ ..._ �__ _. . . . � - — —.
<br /> � � . _. _ _ ....—
<br /> � �T _ ° . . _ - "`�'
<br /> t,j __- t_ -_ _
<br /> ���� xY
<br /> . i � • 97- t, . _ .- . �. .. *�_ .
<br /> � - . , ..�� ;=_
<br /> 'r .
<br /> (8) Any failure on the part of the Trustor to meei tha repayment terms in respect to the Loan Agreement and any '" . � s=:
<br /> other advances undar this Deed of Trust hereby secured; and, { . . ' := _
<br /> !_` •
<br /> (C) Any action by the Tr�rstor prohibited by the terms of Yfie Loen Agrsamant ar this�sed of Trust or any failure of f. _ __ : -
<br /> the Trustor to act as required by the loan Agreement or this Deed of Trust,each of which Trustor hereby agrees , ; �-,�:
<br /> have an adverse affect on the Benaficiary's security for the line of credit established and the rights oi the
<br /> Benaficiary in such security. ' ' ' '
<br /> and upon ths happening of any such event of default, Beneficiary may declare all sums secured hareby immedia4ety � __._
<br /> ` due and payable by deliver to Tru�tee of written declaration of defauit. The Trustee shail have the power of sale ofi ; ��
<br /> the Property,and if Beneficiary desires the Property to ba sold, it shail deposit with Tru§tee this Deed of Trust and all �;.s
<br /> promissory notes and documents evidencing expenditures secured hereby and shall deliver to Trustee a written notice ��
<br /> of defauit and election to cause the Praperty to be sold, and ihe Trustee in turn shail prepare a notice in the form , � � 'Y . �
<br /> required by law, which shall be duty filed for record by Trustee. •. :_ �.. .�:,;- .-
<br /> � (A) After ths lapse bf such time as may be required by law following the recordation of said notice of defauit, and .�t �;
<br /> notice of default and notice of sale having been given as required by law, Trustee, without demand on Trustor, .
<br /> shali sell the Property on the date and at the time and place designated in said notice of sale,at public suction to �:,�^_
<br /> the highest bidder, the purchase price paYabte in lawful money of the United States at the time of sale. The ` �-��"'_ _ .
<br /> �', person conducting the sale may, for any cause he deems expedient, postpone the sala from time to time until it �✓
<br /> `•• s h a l l b e c a m p l e 2 e d and,in eve ry such case, notice of postponement shail be given by public declaration thereof . ' ,� �{, � ._-
<br /> Q rovided,if the sale is postpona d for l o n g e r t h a n ���;
<br /> � by such person at the time artd place Isst a pointed for the sale,p
<br /> � oneil)day beyond the day designated in the notice of sale,notice thereof shatl be given irs the same manner as . ;-�== _ _
<br />, i the original notice of sale. Trustee shall execute and deliver to the purchaser its Deed conveying the Property so __ ;
<br /> - sold, but without andy covenant or warranty, express or implied. The recitals in the deed of any matters or acts ,
<br /> � shall be conclusive proof of the truthfulness thereof. Any person,inctuding Beneficiary,may purchase at the sate. � :..
<br /> r� (B) When Trustee sells pursuant to the pawers herein, the Trustee shall apply the proceeds of the sale to payment . 'Y:�"'�
<br /> � �� of the costs and expenses of exercising the power of sale and of the sale, including the payment of the Trustee's ;
<br /> - � feas actually incurred,which Trustee's fees shall not in the aggregate exceed the following amount based upon ;' ,'''�� 1;.,. , .�
<br /> ; the amount secured hereby and remeining unpaid;5 percentum on the first S1.000 thereof, 1 percentum on the -
<br /> . i i..
<br /> balance thereof and then 4o the items in subparagraph(C) in the order there stated. �, �, � �-
<br /> °' IC)After paying the items specified in subparagraph(B) if the sale is by Trustee,or the proper court and other cos4s : , ��•�,�.�, ;..,:
<br /> � of foreclosure and sale if the sale is pursua�t to judicial foreclosure,the proceeds of sale shall be applied in the order _ p :
<br /> stated to the payment of: • ��� } ; `
<br /> ' !q C o s t o f a n y evidence of title procured in connection with such sale and of any revenue stamps; i�~
<br /> (Iq All sums ths secured hereby; � �� ���
<br /> ._�:, 1� ';.
<br /> " (Ilt) The remainder,if any, to the person legally entitted thereto. �:�.
<br /> -e:.� �`.� �
<br /> - 13. Dut�es and Obfigations oi Y�ustaes. ia} The duties and obligations of trustee shall be determined solely by _ � ��:..� ,, _,...
<br /> � the express provisions of this Deed of Trust,and Trustes sha11 not be liable except for the performance of such duties «, �.�:.
<br /> and obligations as are specifically set forth herein, and no implied covenants or obligations shall be imposed upon r _
<br /> Trustee; (b) No p r o v i s i o n s o f t h i s D e e d o f T r u s t a h a l l r e q uire Trustee to expand or risk its own funds,or otherwise f. ��-
<br /> incur any flnancial obligation in the performance o f any o f i t s d uties hereunder, or in the exercise of any of its rights ��f ���-.-.�
<br /> ''� or power,if it shall have grounds for believing that the repayment of such funds vr adequate indemnity again�t such ,� p,i�LL� •--
<br /> ,a�., —
<br /> risk ar liability is not reasonabty assured to it;(c) Trustee mey consult with counsel of its own choosing and the advice . �„r,:��_
<br /> of such counset shall be full and complete authorizetion and protectio� in the respect af any aCtion taken or suffered ;,° ,•,:-,;;,;;,Y�-T_
<br /> �. ... Y••....
<br /> ,". by it hereunder in good faith and reliance thereon;(d) Trustee shall not be tiable for any action taken by it in good faith �....:�;,�.
<br /> �__
<br /> and reasonably believed by it to be authorized or within the discretion or rights and powers conierred upon it by this :;-• ��
<br /> Deed of Trust. ,•��Fy"''���
<br /> S:'. ♦.
<br /> � 14. Additlonal Secu�icy Instruments. Trustor,at its expense, will execute and deliver to the Trustee, prompUy ,^,�_ : :_
<br /> �� upon demand,such security instruments as may be required by Trustee,in form and substance satisfactory to Trustee, i ..:j,N,.�,,� `
<br /> . }3�+.
<br /> covering any of the Property conveyed by this Deed of yrust,which security instruments shall be additional security _ r,��'
<br /> for Trustor's feithful performance of all of the terms, covenants and conditions of this Dead of Trust, the Loan �,_,,�•;���;;�� °
<br /> Agreement,any promissory notes secured hereby and any other security instruments executed��connection with this _�
<br /> ,;, � transac�ian. Such instrumants shall be recorded or filed,and re-recorded and refiled, at Trustor's expense. - ' .
<br /> 15. M3aeellaneous. •
<br /> �. � (A) In the event any one or mvre of the provisions conteined in the Daed of Trust, or the Loan Agreement or any . � . � .'�:
<br /> promissory noto,or any othet security instrument given in connection with this transact'sen, shall for any reason '�,�_.�����. �
<br /> �,; to be held to be invalid, illegal or unenforceable in any respect,such invalidity,illegality ar unenforceability shatl, �
<br /> • at tC�s option of Beneflciary, not aNeci any other provision of thls Qeed of Trust,that this Deed of Trust shell be •�
<br /> c�rstrued as if such invalld, illegal or unenforceable provlsion had neve�been contained herein or therain. . • _.
<br /> ' (B) This Deed of Trust shall be construad according to the laws of the State of Nebraska. —
<br /> (C) the Deed of Trust shell insure to and bind the heirs, tegatees,devisees,administrators,executors, successors and .
<br /> assigns of the parties hereto. • . �
<br /> .. (D) or assessme'ntaywhich may be�lev ed agai nt the Trustee or Benefciaryuoethe leg I�hogdehof h�e Loan Agreement � . , � ���
<br /> on account of the indebtedness evidence thereby. .
<br /> (EI Whenever used herein,the singular number shall include the plural,the plural,the singular,the use of any gender . . � �
<br /> � shall be epplicable to all genders, and the term "Beneficiary" shall include any payee of the indebtedness hereby . -
<br /> secured or any transfer thereof, whether by opesation of law or otherwiso. �
<br /> � 16. Succeasor Trustee. Beneficiary may from time to time substitute a successor or successors to any Trustee .
<br /> ' named herein ot acting hereunder to execute this Trust Qeed. Upon such appointment and without conveyence to . ��-
<br /> the successor Trustee, the latter shall be vested v�ith all title, powers and duties conferred upon any Trustee herein , , . �
<br /> named or acting hereunder. Each such appointment or substitution shall be made by written instrument by Beneficiary, � ..�
<br /> �. � containing reterence to this Deed of Trust and its plsce of record,which when recorded in the office of the Register � .�
<br /> at Qc;.sis at ths c�untY rr cn��nties in which said property is situated, shall be conclusive proof of proper appointment i
<br /> of the succASSOr Trustee. The foregoing power of substitution and the procedure therefore shaii not bn exc.9usive o! j�- , -� -:-:--.--
<br /> I � _
<br /> . . ;� ;
<br /> 408-3
<br /> j 9/94 � , F!,:- .
<br /> i . . - .....- -. .
<br /> .: � . . �' • . .. .. •i . . . ; �: ;i ., . . , ', ", .,<� , � _ . • . ' . ,.
<br /> _ �. .. ' .. , . . .. . .. .' ' ' ... .v. � . • ti, . . � .. ' . .. . . , y .. � ,� . ._ ' � , . .
<br />
|