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201211082
<br />TOGETHER WITH all rents, easements, appurtenances, hereditaments, interest in
<br />adjoining roads, improvements and buildings of any kind situated thereon and all personal
<br />property that may be or hereafter become an integral part of such property.
<br />The property and the entire estate and interest conveyed to the Trustee are referred to
<br />collectively as the "Trust Estate ".
<br />FOR THE PURPOSE OF SECURING:
<br />a. Payment of indebtedness in the total principal amount of $816,500.00, with interest
<br />thereon at the rate of 5.00% per annum, as evidenced by that certain Deed of Trust
<br />Promissory Note of even date ( "The Note ") with a maturity date of December 27, 2032,
<br />executed by Trustor, which has been delivered and is payable to the order of Beneficiaries,
<br />and which by this reference is made a part hereof, and any and all modifications, extensions
<br />and renewals thereof;
<br />b. Payment of all sums advanced by Beneficiary to protect the Trust Estate, with
<br />interest at the rate of 12% per annum (default rate).
<br />This Deed of Trust, the Deed of Trust Promissory Note, and any other instrument
<br />given to evidence or further secure the payment and performance of any obligation secured
<br />hereby are referred to collectively as the "Loan Instruments ".
<br />TO PROTECT THE SECURITY OF THIS DEED OF TRUST:
<br />1. PAYMENT OF INDEBTEDNESS. Trustor shall pay when due the principal of, and the
<br />interest on, the indebtedness evidenced by the Note, charges, fees and all other sums as provided
<br />in the Loan Instruments.
<br />2. REAL ESTATE TAXES. Trustor shall pay the annual real estate taxes to the Hall
<br />County Treasurer before the taxes become delinquent and shall furnish tax receipts to Beneficiary
<br />on or before May 1 and September 1 each year.
<br />3. ACTIONS AFFECTING TRUST ESTATE. Trustor shall appear in and contest any
<br />action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiaries
<br />or Trustee, and shall pay all costs and expenses, including cost of evidence of title and attorney's
<br />fees, in any such action or proceeding in which Beneficiaries or Trustee may appear. Should
<br />Trustor fail to make any payment or to do any act as and in the manner provided in any of the Loan
<br />Instruments, Beneficiaries and /or Trustee, each in its own discretion, without obligation, may make
<br />or do the same in such manner and to such extent as either may deem necessary to protect the
<br />security hereof. Trustor shall, immediately upon demand therefor by Beneficiaries, pay all costs
<br />and expenses incurred by Beneficiaries in connection with the exercise by Beneficiaries of the
<br />foregoing rights, including, without limitation, costs of evidence of title, court costs, appraisals,
<br />surveys and attorney's fees. Any such costs and expenses not paid within ten (10) days of written
<br />demand shall draw interest at the default rate provided in the Note.
<br />4. EMINENT DOMAIN. Should the Trust Estate, or any part thereof or interest therein, be
<br />taken or damaged by reason of any public improvement or condemnation proceeding, or in any
<br />other manner including deed in lieu of Condemnation ( "Condemnation "), or should Trustor receive
<br />any notice or other information regarding such proceeding, Trustor shall give prompt written notice
<br />thereof to Beneficiaries. Beneficiaries shall be entitled to all compensation and condemnation
<br />awards and other payments or relief therefor, and shall be entitled to make any compromise or
<br />settlement in connection with such taking or damage. All such compensation and condemnation,
<br />awards, damages, rights of action and proceeds awarded to Trustor (the "Proceeds ") are hereby
<br />assigned to Beneficiaries; and Trustor agrees to execute such further assignments of the Proceeds
<br />as Beneficiaries or Trustee may require. Proceeds to be applied to reduce principal on note.
<br />5. APPOINTMENT OF SUCCESSOR TRUSTEE. Beneficiaries may, from time to time, by
<br />a written instrument executed and acknowledged by Beneficiaries, mailed to Trustor and recorded
<br />in the County in which the Trust Estate is located and by otherwise complying with the provisions of
<br />the applicable law of the State of Nebraska substitute a successor or successors to the Trustee
<br />named herein or acting hereunder.
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