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8. Should Beneficiary elect to exercise the Power of Sale granted herein, Beneficiary will notify Trustee <br />who will record, publish, and deliver to Trustor(s) such Notice of Default and Notice of Sale as then <br />required by law and will in the manner provided by law, sell the property at the time and place of sale <br />fixed in the Notice of Sale, either as a whole or in separate lots, parcels, or items and in such order as <br />Trustee will deem expedient. Any person may bid at the sale including Trustor(s), Trustee, or <br />Beneficiary. <br />9. Trustor(s) hereby requests a copy of any Notice of Default or Notice of Sale hereunder to be mailed <br />by certified mail to Trustor(s) at the address(es) set forth herein. <br />10. Upon default, Beneficiary, either in person or by agent, with or without bringing any action or <br />proceeding and with or without regard to the value of the property or the sufficiency thereof to discharge <br />the indebtedness secured hereby, is authorized and entitled to enter upon and take possession of the <br />property in its own name or in the name of the Trustee and do any acts or expend any sums it deems <br />necessary or desirable to protect or preserve the value of the property or any interest therein, or <br />increase the income therefrom; and with or without taking possession of the property is authorized to <br />sue for or otherwise collect the rents, issues, crops, profits, and income thereof, including those past <br />due and unpaid, and apply the same upon any indebtedness secured hereby or in the loan <br />agreement(s). <br />No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive of <br />any other remedy herein or by law provided or permitted, but each will be cumulative, will be in addition <br />to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute, and <br />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 <br />express provisions of this Trust Deed or the Nebraska Trust Deeds Act and Trustee will not be liable <br />except for the performance of such duties and obligations as are specifically set forth therein, and no <br />implied covenants or obligations will be imposed upon Trustee; Trustee will not be liable for any action <br />by it in good faith and reasonably believed by it to be authorized or within the discretion or rights of <br />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 <br />obligations secured hereby. Should Trustor(s) sell, transfer, or convey the property described herein, <br />without prior written consent of Beneficiary, Beneficiary, at its option, may declare the entire <br />indebtedness immediately due and payable and may proceed in the enforcement of its rights as on any <br />other default. <br />13. That Trustor(s) is, and shall continue to be, duly organized, validly existing and legally qualified to <br />do business under the laws of the states in which Trustor(s) operates, in compliance with federal, state <br />and local laws or regulations, and has legal authority in such states to conduct Trustor(s) business <br />operations and to own agricultural real estate. No change has been made in the name, ownership, <br />control, relationship, legal status or organizational and formation documents of any undersigned <br />Trustor(s) since the time any such information was last provided to Beneficiary. <br />14. That if Trustor(s), or anyone signing this Trust Deed, is a limited liability company, that those <br />signing on behalf of said limited liability company constitute a majority of the managers or members <br />thereof, and that the execution of this Trust Deed is in the ordinary course of the limited liability <br />company's business and has been authorized by its members. <br />15. Assignment of Rents including Proceeds of Mineral Leases. Trustor(s) hereby assigns, transfers, <br />and conveys to Beneficiary all rents, royalties, bonuses, and delay moneys or other proceeds that may <br />from time to time become due and payable under any real estate lease or under any oil, gas, gravel, <br />rock, or other mineral lease of any kind including geothermal resources now existing or that may <br />hereafter come into existence, covering the property or any part thereof. All such sums so received by <br />Beneficiary will be applied to the indebtedness secured hereby; or Beneficiary, at its option, may turn <br />over and deliver to Trustor(s) or their successors in interest, any or all of such sums without prejudice to <br />any of Beneficiary's rights to take and retain future sums, and without prejudice to any of its other rights <br />under this Trust Deed. This assignment will be construed to be a provision for the payment or reduction <br />of the debt, subject to the Beneficiary's option as hereinbefore provided, independent of the lien on the <br />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 />16. This Trust Deed constitutes a Security Agreement with respect to all the property described herein. <br />17. The covenants contained in this Trust Deed will be deemed to be severable; in the event that any <br />portion of this Trust Deed is determined to be void or unenforceable, that determination will not affect <br />the validity of the remaining portions of the Trust Deed. <br />RGang� A Limited Liabi <br />" I 1/A / <br />Randall W Gangwis anag <br />By <br />ompany <br />LLC ACKNOWLEDGMENT — MANAGER(S) <br />STATE OF Nebrask <br />)ss <br />COUNTY OF Buffalo ) <br />2 01300001 <br />App #: 5162725; CIF #: 133334; Note #: 204 223CA Legal Doc. Date: December 26, 2012 <br />FORM 5011, Trust Deed and Assignment of Rents Page3 <br />