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HomeMy WebLinkAbout20075185NUM PGS DOC TAX CK# FEES~~.~PD~,2K# CHG rz~L~ O ACCT #~75~ RETFEEpqS~~:_CASH R.O.D.CK#_ RECD '/- ~,~ ~i - ~n~ln .t,'1 RETURN nffiL~Li~L _ ~J~,~/E ~~2Q1 ADAMS COUNTY, NE FILED INST.NO. 2nn~r.~1$5 Oate ~- - o Time, / ~7 h~1. ~~~ ~~ REGISTER OF DEEDS IIII~I~~!Illlllllnll~ NUM ~76~ ~oc`f~rs /~~of' RD. COMP ~ ~ 07: S/ COMPARE / ~~ CADAS _ AO 'fE[IS Decd of Trust is made and entered into this ~ I -day of November, 2007; by and bctwccn: llLLD OI+ TRUST (A) Martin.Gomer and Beatrice Gomez, husband and wife, hereinafter called "Trustor,' (whether one or more), whose mailing address is 217 No. hlm Street, I-castings, NE 68901. (B) Arthur R. Langvardt, Attorney at Law, as `°i'rustec," whose mailing address is~622 l~astside Boulevard, Hastings, NL 68901; (C) and P.J. Stec, as "13cncliciary," (whet9ier one or more), whose mailing address is 8 l4 West 2°`~ Sheet, FIastiugs, NL 68901. , WI"fNLSSI;TPI: That Trustor, in consideration of One Dollar ($1.00) and other valuable consideration, receipt of which is hereby acknowledged, granes,~eonveys, sells, transfers, and warrants to 11~uslee, in trust, with power of sale, the following described real property (as de(-~ned in Neb. Rev. Scat. 76-1001) situated in Adams County, Nebr~aslca: "fhe South Fifiy (50) feet of Lots One (1) and Two (2), Block One (1), I-Iorlocker's Addition Co the City of Hastings, Adams County, Nebiaslca. "I'he intention hereof being Co convey absolute title in fee simple, said real property being hereinal'ler referred to as the "Yropcrty". POR THL PURI'OSL OP SECURING the performance of each agreement and covenant of Trustor herein contained and the payments of the principal sum of THIRTY-SBV1N THOUSAND F'IVr HUNDRED DOLLARS ($37,500.00), and interest, as evidenced by a promissory note bearing even date (herein after called the "note"), at the rate(s) of interest dlcrcon, and oU~er amounts which may hereafter be paid or advanced under the Germs oPthis Deed of 1"oust; both die principal sLUn and interest thereon being payable according to terms set forth in the cote, reference to which is hereby made, at the address of the Benef ciary or at such other place as the holder u~ay designate iu writing; the final payment of principal and interest, if not sooner paid, shall be due and payable on the 19`x' day of November, 2018. i ot~ rh, .~:~~. F~ /l,~ Cy . ~UO'75185 - ~ : Tn~.stor and Beneficiary covenant and agree as follows: aI. Warranty of Title - Tnutm is lawfully seized of the Property, and has good rigb[ and Deed of Trvs[ and shall bear interest m the greater of the interest rote specified therein or the lawfid authority to sell and wnvcy the Property, the Property is free and clear of aB liens and highesimtethen authorized bythe laws ofthe State of Nebraska. rncambrances except ]teas now of record; and Trrsstor roll warrant and defend the tide'to the 7. Additional Liens - Truster shall nuke all payment of interest and princi al and Property unto the Trustee and its mccessom and azsi forever, P PaYmrnts gns against the claims of all of any other ehacges, fee; and expenses conaacted to be paid many existing lieaholders m persons Tnuto , at Trnstar's ocpensq will maintain and preserve the lien of tlils Deed of Trust prior bene5ciaries ®der my prim aunt deed, mortgage, or other security agreement bafose the az a lien upon the Property subject only to encumbrance existing az of tl#e date hereof, tvr71 date }hey are delinguenI and to pay any otter claim which jeopardizes the sectsity Ipmrted oust this Deed ofTms; and each amendment m supplement thereto, to be~frlcd and recorded ~ herein - as a eonvcyance of the property in such mafficr and in such place, and will take such other 8. Proteetioa of Beaefiriarv's Security -Should Trusmr fad to make any payment fat? to do action az in the opim® of Beneficiary tnay be regtdred by any pttsent m fnhse law in ender any act az herein provided, or.if eery action m prouedivg is commenced which materially affects m perfect maintain and protG the lien ofthis D_ eed of Trruk az tho same may be from time to BeneSoary's imeres[ ~ is the Property, including 6m not limited . [o, eminent domain, tune amended m mpplcmrnted insolven 2 'Pa - %'. ~°gomoms or Pmceediags involving a bankrupt or decedenk tbea BrneSriasy yment of Principal and interest - Tmstm shall punctually pay the principal of, and may, 6m witbom obligation to do so, and without notice to or demand upon Trusmr, and interest on, the notq including any advanew thcrsto az provided herein, an Ure dates, at the without ttlcas' ]orator from place and in the manner provided therein and will rmctuall - ~ any obligation hereunder, make m do the samq end may Pfi, P Y Perform eU agreements, purchasq contest or compromise a~• rnctmmbrance, cbarge or lieq which in the ~'ud conditions and pmvisiom oP a~ and all ether aecmity instrtmment given is connection with Benefiraary appears m affect the J gment of this transaction, lj'openy; in exercisin8 any such powers the Beneficiary may . l~ incur any liabrLty and. exprnd whatever amotmt, including dubmsement of reasonable 3. preservation and Maiatenmm f Pr arty - Tnrrtm trig not commit m allow arty waste artomeyrs fee; whicb in its absehm disuretion, may be necessary. !n the event that Trvsem up® the Property and wHl, of all times,.maiatain the same in good order and condition and shall fat? m procrse insurance, to taxes m s eclat assessments, m [o make an ' well makq from time [o time, all repairs, renewals. replacements. additions and im ~ PaY P Y Payment to which are reazonabl rt d to revrnt wart ~ p~0Q1°u" °°~B m Prior lienltolders ur bencfidnrics, flee Beneficiary may procure ~ mch insurmm<c and Y Sane P q impaumem m deterioration of the Property. mako such payment. All sums incurred or expended by Beneficiary in accordance with tho No bm7ding m improvemems now or hereafter erected upon the Property ahaIl be altered, provisioaz of this I)ccd of Tnnt ere ucured hereby sad; without denvnd, shall be immediately removed or demolished withoar the prior variften consem of the Beneficiary. Beneficiary, or duo and payable by Tmstm end shall bear interest at the max®vm allowable legal rate, Beneficiary's agent(s). shag have the right at all reasonable times, fo enter upon the Property provided, however that at the optimm bf Benefivary, such sums Wray be added to the principal for the proposes of inspeetimm thereof without thereby becoming liable to Trvstor ur cry balance of any indebtedness uovttd hereby and shall bear the same interest az such person is possession holding mtder Tms[or, prorided, however, Beneficiary shaIl give Trustm mdebtedaess and shall be payable rattly overthe remaining term thcreo£ notice priorm any sachinspectioa ~ ~ ~ 9: Asst®ment of Renti - BrneS ' shag have the ri ~ . 4. Damase to Property - !o case of mart ghk power and authority, during the any damage to, m destruction o; the burldmgs, continuance of this Deed of Trust, m collect the rents, issues and profit of tho property ®d improvement m p¢som] property eoustituting part of tho Property, whetita~ sash loss is of any personal property located thereon, with or without tlag possession of tho Property, covered by inuuanu or olhurwine, Tmstor; m Trastm`s sole cos[ and expensq wt71 promptly cad Tmstm hereby absolutely and tmeoaaitinnany ensigns al( such rrnt, issues and profits . restmu; repau; replace and rebm7d the same az nearly az practicable m its condition to BeneSraary. Thin assigmaem of rents, issvw and profits az hccin provided is intended to immediately prim m such damage or destrnetim or with anch changes and alterations as be an absolute azsiganient firm Trusmr m Beneficiary, comingem only vpoa Tntmr's default Tirtstor may. deem appropriate, provided such ehmmges and altvations do not mataally lessor here®der m with respem to the payment of any~~debtednesv aeeured hereby, mmd this tlw va7ne and utrliq of sneh bufld"mgs, improyement and Personalty 8om flat e>asting assigvmem is not mealy the passing of a seenuty interest Tnsstor hereby gives m and confers immcdiatciyprimto such damage or desWCtion. on Bone - 5. Insurance -,Tmstor, at Trvstor's axle ens writ ~ aP Scrary the riBhk Power and amhoriry to caDect such recta, issues and profits, and Benefiti i...,m.,.,... ~ Q~ 4 r°ai°tni° with insmtrs approved by Trustm hereby inevocabIy appoint Hme5 ' its true and ]awful cry, as the impmvcme~ and personal Property; if any, constimturg part of . lion ofBeneS ' merry ea°sn°Y-m-fick at tlu the property against loss b oP Dory many timeand from timem timgto demand, receive and enforoe payment, y Ste, lighmiag, tonmdo, and oflrer pen7s coveted by standard to give receipts, ttlcases and aatisFactiotls, and m one in the name of 1'rustor or Brneficiary, fm- artended coverage endorsemeo4 m ®amotmt equal to at ]cast one ]nmdttd pccent of the full all such rents, issues and profit, and to apply the same to the indebtedaes secured hereby, roP]dc®ent value thereof; and insurance against 'snub other haznds and in such amormt az Benelitiaiy,.howcvn , comsent ro $e Trnstor'a coIlcetion and reteatiod of 56th tents, isms Beaafidary may regrare for its pmmcaoa. Tmsmr will comply with such other Tequnemeats and profits azthey accrvemmd liccomepayahle so ]ortg az Trnstm is auk msuehtimes; is defauk - . .~asBeneficiarymay fmmtune to timeiequest for thepmtec(ion 6Y insurmce ofthc interest ofthe witu fcs act to respectrve Parties hereto. AIl insurance P Payment of any indebtedness ucured hereby or in the pafo~anee of a~ poficiu ma,,.r~t,..a pursuant tothis Decd of Tout agttemenfheremmder. Upon,any such defmrt; Benefici shall name Trustee and $eneliciary az imureds, az rhea respective interest ma arymay, m anyiimo, cidterinprrson, by piovide that there shaIl m no. wncellatioa m modification vridrom fifteen Y appear. and ages; or by a receiver m be appointed try a tom; without entice and without rogard [o Ore . day? prior written adequary nF nay sccurityR~ fm tho indebtedness hereby sensed, (e);enfer upon and take nofifimtion to Trustee and Beneficiary, in the evem troy policy hereunder is not xcnetved on possession of the Property or any part thcreo~ and in its own name m the name of Tmstor son' or bef'oro 5fteen days prim to it expiration date, Benefioary may prorane Snry insuravro and for or otherwise collect mrb teat, issues and profits with respect to the Property, including the cost thereof ahaIl be added to the ante uctaed by this Deed of Trust and dull bear interest those pas[ due and unpaid, and apply the samq less costs and ezpeazes of operation and at the greater of tho interest rain specified therein or the highest rate then authorized by the collection, iac7udmg reasonable attamey'a fens, won any indebtrduess secrred hereby; .and laws of the Stato of Nebzaskn Tmstot stall deliver m BeneSeiary the odgiml pali~es) of in such ender az Bencficiarymay determine; (b) Perform such act of repair orprotection az may i^"•"^^~ and renewals r]tereof ormemo copies of such polices sad renewals thereo£ Failure . be necessary or ProPar fo conserve the of the Pm to ~~fisnish insurance by Tmsttg or renewals az re aired hcietmder, ~ - - v~1O PortY: and (c) lease the Property. or any . q shall, at the option of pert thereo; fm surhttnm; temm sad upon such conditions az it ptdgmem may dictate. Unless Benefiraaty; constitute a default All unearned preorivms are hereby azsigned to Tnsstee ss Tmstm and Benefiraary agree otherwise in writing. any application of teats, issues or profit additional secuiity and a sale and coriveyanee of the Property by the Trtrstea shaIl apemte to to any indebtedness seemed hettby shall not extend or postpone the doe date of the canvry to the pmahaser tho Trnstor'a isicrest in and m all-poli©es of insurance vpem the installmrnt payments as pruvidedmthe note or change me amoumafauc6 instllment. ProP~Y- L: Beneficiary shaIl so raynes; Trustm egrets that thero shall bo added to each The entcrin en and Lakin periodic payment ttgoIIed to be made render rho note mm amoum esf,..,,t.a ~ ~ B uP 8 Possession of the Property, the collection of wch.rents, sssoes byHrneliciarym be and profit therefrom; and the app&uation therof as aforesaid, shall not waive or core mmy svlTmient to enable Beneficiazy to pay, m ]cant 30 days before delinquency, the premium(s) for d.i ..tt or notice of default each and all of rho ivsurancepoiicies maintained pinsuant to tlris Deed of Trask and na intereac Trnsiot• also Aeat y°etmdck m invalidate any act dam pursuant m such notice, shall be payable ~to Trostar m respect thereof Sns m BeneSciary, az seetmty fm the perfomranx of the obligations-ucrsed Upon demand by BencSciary, Truster .shaIl hereby; aIl prepaid rents and aIl monies whiny may have been or may hereafter be deposited deliver m Beneficiary such additional sums of money az aro necessary to make up any with Tmstm by any lessee of the Property m secure rho payment of arty teak and vpda default defwency in the amount neccssaryto enable Beneficiary m pay cry such insurance premiers, in the performance of ate` of the provisions hettol: Truslor agrees to deliver such rums and 6.~ S»a'snd Assessment - Trnstor shall pay all tones and special assessments levied or deposits to the Beneficiary. Delivery' of written notice of Beneficiarya exeitise of the right assessed against of due upon the property 6cfore de]ingvracy, and well deliver m Benefi " ~ - - copies of receipt showin ~Y tnanted herein to a~ tenant(s) occupying ten Property ahaB be s~ciem to require eery B Pfim~ of such taxes cad special asscssmenta. IfBeneficiary shall tenant(s) [o pay rent to the Beneficiary un67 furflter notice. AIl petsom oteng such rent m so regnant Tnrstm agrees tlv¢ (here shall be added m each periodic payment required to be Trnstot att hettby avOtorirrd and daechd by Tms[or, upon receipt of written notice from made under the note an amomtt estimated by 8cncficiary to be stdficient to enab7o Beaefiaary Beneficiary, m pay sack rents directiyto Bmefiraary. Pay, m least 30 days before delingdrncy, all taxes, assessment m other public charges I0. Leased Premises -Within tea der niter d against the Property, the note aecrned by iht Deed of Trost or upon account ofthe deb[ mthe schedule certified to be tore, satin forth all leas~d• she sUaD famish to Beneficiary e lien of tbt Deed of Trask andno interest shag be payable to Tnrstor in aspect hcreo£ en ~ inel B P Pert3' then m effect deiced Bcnefiei ~ ~ °~g m each ~q ~ name of the tenant(s) and occupant(s), a des¢iption of the space by cry, Trrsstm shall' deliver to BeneSciary such additional sums of money az occupied by each suet tenant and occupam, the rental payable for such space and mcb other are necessary to make ap nay de5rjuency m the amomns necessary m enalile Benelimary m pay i¢fozmation and document rviih respect m such ]easy and tenancies az the Beneficiary may any of the fottgping items. ~ In tho event Trvsmr fails m Pay any taxes or special assessment request az requi¢d above, Beneficiary, at Beneficiary's sole opting racy pay such taxes and/or Withom the prior a'rit[en consent of Beneficimy, Tnutm stroll no; d¢ec0y mindittetly, with assessment, mmd tho amoant of sack payment(s) dull be added to thc note secured by this ttspccf to any ]ease of space in the Property, whether anch lease is now or hereater in OS O f /i •,' e'xistmcer(a) accept or permit mmy prepayment discount er advance teat payable $aemder, ' - (b) cmce] or temdnate $e same, er accept any cmmccllanon, termination or surrender $acof: v permit nay event to occur which would rntide the lessee $aemder to icrminate or cancel the same, (c) amend ormodify $c same so as io reduce $e term $oreof, the rental payable lhcrcunde , err to ehavgc any renewal provisions therein contained; (d) waive any defadt $erormder or breach $embf, (e) give any eousem, waives or approval $aermder or take any other action in comcetiw $emwi$, or wi$ a lessee $eremder; which would Lave the effect of impairing $e value of lessops interest tbaemmdv on $e Property subject thereto, or of impairing the position err interest of the Trustee or Beneficiary; or (f) sell, asggq pledgq mortgage or odrertNSe dispose of, or mcumhe , its intemst in nay suet leaze or any rent, ismdorpro56 isstmrg or arising $eremder. ll. Cmdemaation - U tiQe YO any part of $e Property stall be,takm in eondemmlion proceedings, by right of eminent domain or s®i7ar actoq or shall be sold under tlveat of eovdunaatioxt all awards, damages and proceeds am hereby unsigned and stall be paid to Beneficiary, who stall apply such awards, damages and proceeds m $e sums seemed by~ihis Decd of Trost wish the excess, if any, paid to $< Trusto_ Tnutor will promptly, and with dun dr7igmm; mpaa, alto and rdtom the re~~ part of $e Property to its former condition substantially to $b men[ that $e same may be fcavble and so as to constitute a complete and um61e unit ]2 Future Advaum- Upon requea of Tivs[or, BeneSciarymay, at Benefioarl~a opting prior to Trustec9'recoiweyanee of $e Property, mako future advaoces to $e Truster. Such fnhne advances,. with interest $ereoq shall be aecmed by this Deed of Trost when evidenced by promissory aotw stating that said notes arc seemed hereby, provided $ai at ao time shall $e aecmed principal, plan forme advamd, not including sores advanced to ported the seernity, exceed one hmdrcdpvicent (100%) af$e original prin©paI amount aecmed hemby. 13. Rtmedid Cumulative -All remedies provided is Ibis Deed of Trott are distinct and crmulative to any other right or remedy mda this Dced of Trust or afforded by law er equity, andmay be exemisedconcmrmtly,indepmdmdy or successively. ]4. Acceleration: Remcdid• Sale -Upon defauN: by Tauter .in $o ~paymmt of say indebtedness securedhereby oe in $e perfbrarmmce of any agmement hemmda, Beneficiary may declam all sums aecmed hereby i~ediamly due and payable by delivery to Trustee of a written declarntioa of default The Trastce shall Law the, power of sale of $e Property cad if Beneficiary desires $e Property to be sold it sha8 deposit wi$ the Tauten this Deed of Trust and eIl promidsory no[d.aad docamenb evidencing expmdihuet accrued hereby and shall deliver to Trustee a written notice of default and election to cmue $e Property to be sold, and the Tmsteq in trot shag prepam a notice of default is the form mgnired by law, whir3 shall ' be duly Sled far record 6y$e Tmstee. A$er the lapse of such lima as may be mgvimd by law following the mmrdation of said notice of default and notice of defmmlt and notice of sale having been given az agtmed by law, Tmstcc, wi$ont demand upon Truster, sha8 sell $e Property m $o date and at $e time and place designated in said notim of sate, at public ' auction to $e highest bidder, $e purchase prirro payable m lawful money of $e United States at $e time elf sale. ~ The~pers® condncting_ $e sale inay; for eery cause he deems expedient' .. ' postpone $e sale from tone m time until it stall-6c complaed, and, in every such easy notice " of postponement shaIl be given by public dcclamtion thereof by such person at $e time and puce last appointed lilt the salt, provided, if $< sale is postponed for Imgathan one (1) day beyond $e day designated in $e notidc of salt' notice thereof shall 6e grvm in $e same m~uci as fhe'otigrval actice'of sale; Tmstee sLall'ezccute and' deliver to the prvaliasei a deed conveying rho Property sold, but without s~ covenant or warrmty, express a implied The rccibls in $e d<ed of aaymattas er facts stall be conclusive proof of $e ntdhfulness $cieof A~ pemoq including BeneSciary, may Purchase at $e sale. When Tnutee sells, pmsvavt to the powers herein, the Trustee aball apply the proceeds of solo lira to payment of the costs and mrycnses of exercising the power of $e sale and of $e sale, including the payment of $e Tmaee's fees actually iveuaed, not to exceed TIN P1RCII71' (IO%)of$e sale pricy $e cost of anl' Evidence of title procured in connection wi$ such sale and any reyeme clamps, and $m to $e following items in the order stated: After paying die imms specified above, if $e saleu by the Tnutcc, m the props court costs and other costs Df ferecIosme and sale tf$c sale is pmmant to judicial foacloslaq $e proceeds of sale stall be applied in the order stated in .$epaymento£ (t) all sums $m seemed by ihis.Ueed ofTmst: and (n) flu baLmco, if nay, to $eperson erpasons ScgaBy entitled thereto. 1S. Duties and Obliestims of Trnttee - (a) The dulid and obligations of Trustee aLaII be dctemined solely by the exprrss provision of this Deed of Trust and Trustee sha8 not be~~ s ]iaLle crcept for the perfo®ance of such dutid and obligations as aro specifically set forth hema5 ®d no implied covenaub or obligations shall be imposed spun Tmstee; (b) no provision of tLis Decd of Trost eball require Tnutee to expend of oak ifs own fiords m oherwise incur any Snancial obligation in the performance of any of its dobd hem®de , or in the exercise of any of its rights er powers, if it shall have gromds £or believing that $c repayment of such fords er adcgaateindeamity against such vsk~ er liability is no[ reasonably assured to it (e) Trustee may wand[ with. wunsel of ifs rLoosing sad the advico of such emmsc] shall be full sod eomplem authorization and prometioa with respect to any action taken or suffered by it hcmmder in good faith and re7immce $ereon; (d) Tmstu shall no[ be liable Su a~ action taken by it m goad faith and believed by ii to be authorized or wifLm $e discretion orrighis erpowcrs eonfeimd upon it by this Dced ofTr»e in 16. Addifional Security Iushummb - Trvstor, at its expcnay will excmte mmd defiva to $e o Beneficiary,. promptly "upon dam®d, such security inslnmenb as may be required by 2 BeneScimy, in form and substanco satisfactory toBeneficiary, covering any of $o Pmporty h con9cy<d by flea Deed of Trott whicL security inshrmmts shall be additional secmiry far h ,3ot~ 2oo~r~i85 Tmsto~s faithful perfommmce of all of the terau, rgvenams and conditions of $is Dccd of Trust $e promissory note(s) secured hacby, and a~ other security instrrmmis executed in connection with this trmmsactien. Such insmmcnts shall be reconled er Sled, and rerecorded andafiled, at Trustor's expense. - 17. Mis~ellaneous- (a) in $e event any one or more of the provisions contained in this Deed of Trust er the note or any othu debt instrmneat or secrnity instrr~mt given in comeetion with this trmmsaction shall for anY mason be held to be iava7id, illegal, er uncnfomeable in any respect, suc~ invalidity, illegality, or uncnfomcability stall, at $e option of BmcSciary, no[ affect any other provision of.lLis Deed o£ Trust, bat this Deed of Trust shall 6e construed as if such invalid, illegal ermcnforceable provision Lad aevabeen contained herein. (b) This Deed of Trost shall be o®stroed according to $e laws of tLe State of N<braska (c) This Dced of Trutt shall mine xo $e 6mcfit of and be binding upon $e hchs, legated, d<visees, beneficiaries, adminisbators, personal mpresmtativcs, auxdsod and assigns of the ' partid hereto. (d) Tauter stall pay all taxes levied nPm thin Dccd of Taut m $o debt secured hcmby, together with any e$a taxd or. assessments~ivhich may be levied against the Tnutee br Beneficiary er $e Segal holder of $e note m accomt of $e Indebtedness evidenced thereby. (e) Whencva used herein, $e singular number stall include $e plural, the use of any gender shall 6e appliwbk to all gmdvs, and the term 'Beneficiary" shall include any payee of $e indebtednrss hereby aecmed a any trmsfeae $ereoi; whethc by opemtim of law a adierwise. (t) Tmster wffi do all Sings erecdsary to preserve its corporate existence, ngLts, and privilcgd undo $e laws ofihe state ofits incorporation. 1& Sneeessor Trustee - 8mcficiazy may, from time m tong anbs4mto a successor or saccessoxs to any tmstee named hereia~or acting,hercmda. Upm suet appointment a~ vri$dut cmveymmce to $e successor snotty $e Latta stall bE vested with aB title, powcn and datid confeaed upon am trustee-heroin named m acting Lcremder. Each suet '~ appointment and mbstitution shall be trade by written instnmmt by Beneficiary, contaimnE refcrmce m this Dced of Taut and its place ofmcord, which, ivhm recardod in the o15cro of the Register of Deeds of $e wrmty or eomnes in which $e Property is sinmted, aLaB be conelasive proof of props appoinrment of $e successor trustee. The fomgoing power of substimtioa and $e procedmn $erefer sba8 not bo exclusive of Ole power and pmcedme. providui for by lase far the substilutim of a trustee or trusted in $e pLme of $e trustee named haeia 19. Forbearance by Beneficiary or Trustee Notes Wsivv- Atryforbearance byBmefiaary m Tnittee in exert"sing a~:ight or remedy hereuade ,err otherwise affortkd by applicable Ltw, shall not be a waives of or pmclude $e esemise of any tight a remedy haermdcr I.dtewisy $ewaiverby Beneficiary or"Ttusme of any default oFTrmtormda the Dced of Trost shell not be de®ed m be a waivcc ofmry o$v or sim0ar defaults subsequently occrmin 20.. Tiattor NotReleaaed'- Eiacns8a of the time for payment ormadifienti ~ ofamortiution ' of $e sums segued by this Decd of Taut granted by BmeSciary to a~ suECesser in iataest , Of Truster shall ndt opcram to mleasy in any manna, $e liability of $e original Trustor or _ Tmstofs snrrsssdr in interest Beneficiary sLaB ao[ be mq~ed m commences proceedings against such successor m afase m mend time far paymem er o$ervdse modify amortization ..y ~ , offlic stuns soloed by tots Deed of Trust bynason of an dcmandmade $e cutgivel Truster ~~ or Tnrstoh suecdsors in interest 21. Default - If $em stall be a deiavh order this Deed of Trust or node a~ prior mortgage or deed of frost the Beneficiary may cero such default and $e amammb advmmced by, mmd other costs and expenses of $e Bmcfi©azY m c®g such defauh, with mtaest at $e default rate conmined in the nom scnaed hereby from the time of $c advance err payment stall be added to $e indebtedness seciaed by this Deed of bust and may be collected hemimdor at any time after the lime ofsach advance erpayment and aball be deemed m be aecmed hemby. 22 Ootiou to Foreclose -Upon the oecrarence of e~ defaut hereunder Beneficiary stall havo $e option to foreclose this Decd of Trost in $e mama provided by law for $e forerlosrQO ofmortgagd unreal property. 23. Trnator'a Riehb, Absent De(ablt - Unn7 my default in $e payment of iadcbtedne5s hereby seciard m umil $e breach of any covenant hacia eontaiued, the Truster stall posads mmd chjay $c Pmporly; mmd active the rents and profits $emfrom. Upon payment of a8 sums accrued by this Dced of Trost Beneficiary sbaD agues[ Tnutee to reconvry $e Property and tall smreada this Deed of Trost and all promissory aotd evidencing indebtedness seemed by this Dced of Trost m Tmstar. Tmstee stall reconvey tLe Property wihout waaavty and without"nLmge m tLe person or _pasons L;gaBy entidod $acm. The ~gdmee in a~ mcmveyame may ))e desenbed az "the person er persons entded tLerem,' sad the reomlt therein ofmmymattas orfacts shall be conclusive proof of $e truthfulness $izeo£ Sachpemm apecson sbaIlPay all costs ofrecordiug, if any. 24. Aeeeletstion in $e Event of Transfv - 7n $e event tide m the Property, er a>ry }art $emol; is trmm;feaed, hr conacted to be inmtfe¢ed by Tmstor, for nest' rdsdn m 6t' a~ me$od whatsoeia, tbc'entire prmeipal simm and accrued inmrest $en due mda the nom and any o$crpromiaory ram aecmed hereby shaIl"at once become due mmd payable at $e election of$e Beneficiary. Fadurc to exorcise this option because of the transfer of title as above stated one instance shall not constiute a waives of $e right m exorcise such opfim is $e event ferny subsequent irantfa. ~.' . 5. Notice -The Tms[amquests $ai a copy of soy notice of default and of any notice of salt acundv be mm'led to each of the parties to Ihis Deed of Taut at iLe¢ mspeetive addrdsd eminbove set forth ~ ' t 2oo~~is5 IN WITN.GSS WHLRI;OI~, Trustor has executed this Deed of Trust the clay and yc~u- i~irst above written. ~5;~ MnRTIN GOML7_, ~~~~1cP L~ a~ <~ - I3LATRICL GOMEI STATI/ OF NEBI2ASICA ) )ss: COON"1'Y OR~1Df1MS. ) 1'he foregoing Deed of Trust was aclaiowledged before i~1e This o2l day of November, 2007, by Martin Gomez and Beatrice Gomez. GFNFAAL NGTMY • Slate of Nebraska IN _ DANIEL J. WIEBE ~~~, ~ ~~~~ NryCamm.Fxp.May29,2010 Notary Public oaf ~