those in or on public domain. ��_ �(����
<br /> L
<br /> 2. To insure and keep insured buildings and other improvements including fixtures and attachments now on or hereafter placed on the property
<br /> to the satiafaction of Beneficiary. Such insurance will be approved by and deposited with Beneficiary, and endorsed with loss payable clause to
<br /> Be!heficiary. Any sums so received by Beneficiary may be used to pay for reconstruction of the destroyed improvements or if not so applied may
<br /> be applied, at the option of Beneficiary, in payment of any indebtedness matured or unmatured secured by this Trust Deed.
<br /> 3. To keep all buildings, fixtures, ettachments, and other improvements now on or hereafter placed on the property occupied and in good repair,
<br /> maintenance, and condition and to neither commit nor permit any acts of waste or any impairment of the value of the property. Beneficiary may
<br /> enter upon the property to inspect the same or to perform any acts authorized herein or in the loa�agreement(s►.
<br /> .
<br /> 4. In the event Trustor�s) fails to pay any liens, judgments, assessments, taxes, rents, fees, or charges or maintain any insurance on the
<br /> property, buildings, fixtures, attachments, or improvements as provided herein or in the loan agreementlsl, Beneficiary, at its option, may make
<br /> such payments or provide insu�ance, maintenance, or repairs and any amounts paid therefor will become part of the principal indebtedness
<br /> secured hereby, be immediately due and payable and bear interest at the default rate provided in the notels) from the date of payment until paid.
<br /> The advancement by Beneficiary o(any such amounts will in no manner limit the right of Beneficiary to declare Trustor�s) in default or exercise
<br /> any of Beneficiary's other rights and remedies..
<br /> 5. In the event 8eneficiary is a party to any litigation affecting the property or the lien of this Trust Deed, including any action by Beneficiary to
<br /> entorce this Trust Deed or any suft in which Beneficiary is named a defendant (including condemnation and bankruptcy proceedings) Beneficiary
<br /> may incur expenses and advance payments for abstract fees, attorneys fees (to the extent allowed by Iaw1, costs, expenses, appraisal fees, and
<br /> other charges and any amounts so advanced will become part of the principaf indebtedness secured hereby, be immediately due and payable and
<br /> bear interest at the default rate provided in the note(s)from the date of edvance until paid.
<br /> 8. Any awards made to Trustor(s) or their successors by the exercise of eminent domain are hereby assigned to Beneficfary; and Beneficiary ia
<br /> he�aby authorized to collect and apply the same in payment of any indebtedness, mature or unmatured, secured by this Trust Deed.
<br /> 7. In the event Trustor�s) defeults in the payment when due of any sums secured hereby (principal, interest, advancements, or protective
<br /> advances►, or fails to perform or observe any covenants and conditions contained herein, In the notelsl, loan agreementlsl, or any other
<br /> instruments, or any proceedings ls brought by or against Trustor�s) under any Bankruptcy laws, Beneflcfary, at its option, may declare the entire
<br /> indebtedness secured hereby to be immediately due and payable and the whole will bear Interest at the default rate as provided in the notels)
<br /> and 8eneficiary may immediately authorize Trustee to exercise the Power of Sale granted herein in the manner provided in the Nebraska Trust
<br /> Deeds Act, or, at the option of the Beneficiary, may foreclose the Trust Deed in the manner provided by law for the foreclosure of mortgages on
<br /> real property, including the appointment of a Receiver upon ex parte application, notice being hereby expressly waived, without regard to the
<br /> value of the property or the sufficiently thereof to discharge the indebtedness secured hereby or in the loan agreementlsl. Delay by Beneficiary
<br /> in exercising its rights upon default will not be construed as a waiver thereof and any act of Beneficiary waiving any specified default will not be
<br /> construed as a waiver of any future default. If the proceeds under such sale or foreclosure ere insufficient to pay the total indebtedness secured
<br /> hereby, Trustor�s) do hereby agree to be personally bound to pay the unpaid balance, and Beneficiary wilt be entitled to a deficiency judgment.
<br /> 8. Should Beneficiary elect to exercise the Power of Sale g�anted herein, Beneficiary will notify Trustee who will record, publish, and deliver to
<br /> Trustor�s)such Notice of Default and Notice of Sale as then required by law and will in the manner provided by law, sell the p�operty at the time
<br /> and place of sale fixed in the Notice of Sale, either as a whole or in separate lots, parcels, or items and in such order as Trustee will deem
<br /> expedient. Any person may bid at the sale including Trustorls►,Trustee, or Beneficiary.
<br /> 9. Trustorls) hereby requests a copy of any Notice of Default or Notice of Sale hereunder to be mailed by certi(ied mail to Trustor(s► at the
<br /> addressles)set forth herein.
<br /> 10. Upon de(ault, Beneficiary, either in person or by agent, with or without bringing any action or proceeding and with or without regard to the
<br /> value of the property or the su(ficiency thereof to discharge the indebtedness secured hereby, is authorized and entitled to enter upon and take
<br /> possession of the property in its own name or in the name of the Trustee and do any acts or expend any sums it deems necessary or desirable
<br /> to protect or preserve the value of the property or any interest therein, or increase the income therefrom; and with or without taking possession
<br /> of the property is authorized to sue for or otherwise cotlect the rents, issues, crops, profits, and income thereof, including those past due and
<br /> unpaid, and apply the same upon any indebtedness secured hereby or in the loan agreement(s►.
<br /> No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive of any other remedy herein or by law
<br /> provided or permitted, but each will be cumulative, will be in addition to every other remedy given hereunder or now or hereafter existing at law
<br /> or in equity or by statute, and may be exercised concurrently, independently or successively.
<br /> 11. Trustor(s) acknowledges that the duties and obligations of Trustee will be determined solely by the express provisions of this Trust Deed or
<br /> tha� Nebraska Trust Deeds Act and Trustee will not be liable except for the performance of such duties and obligations as are specifically set
<br /> forth therein, and no implied covenants or obligations will be imposed upon Trustee; Trustee will not be liable for any action by it in good faith
<br /> and reasonably believed by it to be authorized or within the discretion or rights of 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 obligations secured hereb .
<br /> sell, transfer, or conve the ro ert Should Tr
<br /> , Y P p y described her i Y ustor(s
<br /> e n, without prior wntten consent of Beneficiary, Beneficiary, et its option, may declare the
<br /> entue indebtedness immediately due and payable and may proceed in the enforcement of its rights as on any other default.
<br /> 13. Assignment of Rents including Proceeds of Mineral Leases. Trustor�s) hereby assigns, transfers, and conveys to Beneficiary all rents,
<br /> royalties, bonuses, and delay moneys or other proceeds that may from time to time become due and payable under any real estate lease or
<br /> under any oil, gas, gravel, rock, or other mineral lease of any kind inctuding geothermal resources now existing or that may hereafter come into
<br /> existence, covering the property or any part thereof. All such sums so received by Beneficiary will be applied to the indebtedness secured
<br /> hereby; or Beneficiary, at its option, may turn over and deliver to Trustor�s) or their successors in interest, any or all of such sums without
<br /> prejudice to any of Beneficiary's rights to take and retain future sums, and without prejudice to any of its other rights under this Trust Deed.
<br /> This assignment will be construed to be a provision for the payment or reduction of the debt, subject to the Beneficiary's option as hereinbefore
<br /> provided, independent of the lien on the 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 portion of this Trust Deed is determined
<br /> to be void or unenforceable,that determination will not affect the validity of the remaining portions of the Trust Deed.
<br /> WOITASZEWSKI BROTHERS JOINT VENTURE, A Joint Venture
<br /> BY: JERRY &LINDA WOITASZEWSKI'S CORPORATION, a Corporation, a Joint Venturer
<br /> . .� � • �'r"i; �
<br /> �Y � .
<br /> ERRY W szewski, Presidenf �
<br /> � ,
<br /> BY: RON& KATHY WOITASZEWSKI'S CORPORATION, a Corporation, a Joint Venturer
<br /> By_�� c I
<br /> RON WOITASZEWSKI, Pres' nt `
<br />
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