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2013029'73 <br />6. Any awards made to Trustor(s) or their successors by the exercise of eminent domain are hereby <br />assigned to Beneficiary; and Beneficiary is hereby authorized to collect and apply the same in payment of <br />any indebtedness, mature or unmatured, secured by this Trust Deed. <br />7. In the event of default in the payment when due of any sums secured hereby (principal, interest, <br />advancements, or protective advances), or failure to perform or observe any covenants and conditions <br />contained herein, in the note(s), credit agreement(s), or any other instruments, or any proceedings is <br />brought under any Bankruptcy laws, Beneficiary, at its option, may declare the entire indebtedness <br />secured hereby to be immediately due and payable and the whole will bear interest at the default rate as <br />provided in the note(s) or credit agreement(s) and Beneficiary may immediately authorize Trustee to <br />exercise the Power of Sale granted herein in the manner provided in the Nebraska Trust Deeds Act, or, at <br />the option of the Beneficiary, may foreclose the Trust Deed in the manner provided by law for the <br />foreclosure of mortgages on real property, including the appointment of a Receiver upon ex parte <br />application, notice being hereby expressly waived, without regard to the value of the property or the <br />sufficiency thereof to discharge the indebtedness secured hereby or in the loan agreement(s). Delay by <br />Beneficiary in exercising its rights upon default will not be construed as a waiver thereof and any act of <br />Beneficiary waiving any specified default will not be construed as a waiver of any future default. If the <br />proceeds under such sale or foreclosure are insufficient to pay the total indebtedness secured hereby, <br />Trustor(s) do hereby agree to be personally bound to pay the unpaid balance, and Beneficiary will be <br />entitled to a deficiency judgment. <br />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 fixed <br />in the Notice of Sale, either as a whole or in separate lots, parcels, or items and in such order as Trustee <br />will deem expedient. Any person may bid at the sale including Trustor(s), Trustee, or Beneficiary. <br />9. Trustor(s) hereby requests a copy of any Notice of Default or Notice of Sale hereunder to be mailed by <br />certified mall 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 increase <br />the income therefrom; and with or without taking possession of the property is authorized to sue for or <br />otherwise collect 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 <br />other remedy herein or by law provided or permitted, but each will be cumulative, will be in addition to <br />every other remedy given hereunder or now or hereafter existing at law or in equity or by statute, and may <br />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 by <br />it in good faith and reasonably believed by it to be authorized or within the discretion or rights of powers <br />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 <br />secured hereby. Should Trustor(s) sell, transfer, or convey the property described herein, without prior <br />written consent of Beneficiary, Beneficiary, at its option, may declare the entire indebtedness immediately <br />due and payable and may proceed in the enforcement of its rights as on any other default. <br />13. That Trustor(s) is, and shall continue to be, duly organized, validly existing and /or legally qualified to <br />do business under the laws of the states in which Trus 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 ownershi , control <br />relationship, legal status or organizational and /or formation documents of any undersigned Trustor(sj <br />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 signing <br />on behalf of said limited liability company constitute a majority of the managers or members thereof, and <br />that the execution of this Trust Deed is in the ordinary course of the limited liability company's business <br />and has been authorized by its members. <br />15. Assignment of Rents including Proceeds of Mineral Leases. Trustor(s) hereby assigns, transfers, and <br />conveys to Beneficiary all rents, royalties, bonuses, and delay moneys or other proceeds that may from <br />time to time become due and payable under any real estate lease or under any oil, gas, gravel, rock, or <br />other mineral lease of any kind including geothermal resources now existing or that may hereafter come <br />into existence, covering the property or any part thereof. All such sums so received by Beneficiary will be <br />applied to the indebtedness secured hereby; or Beneficiary, at its option, may turn over and deliver to <br />Trustor(s) or their successors in interest, any or all of such sums without prejudice to any of Beneficiary's <br />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 <br />Beneficiary's option as hereinbefore provided, independent of the lien on the property. Upon payment in <br />full of the debt and the reconveyance of this Trust Deed of record, this assignment will become inoperative <br />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 />