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201406063
<br />hereby, Trustor(s) do hereby agree to be personally bound to pay the unpaid balance, and Beneficiary
<br />will be entitled to a deficiency judgment.
<br />8. Should Beneficiary elect to exercise the Power of Sale granted herein, Beneficiary will notify
<br />Trustee who will record, publish, and deliver to Trustor(s) such Notice of Default and Notice of Sale as
<br />then required by law and will in the manner provided by law, sell the property at the time and place of
<br />sale fixed in the Notice of Sale, either as a whole or in separate lots, parcels, or items and in such
<br />order as 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
<br />mailed 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
<br />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
<br />any sums it deems necessary or desirable to protect or preserve the value of the property or any
<br />interest therein, or increase the income therefrom; and with or without taking possession of the
<br />property is authorized to sue for or otherwise collect the rents, issues, crops, profits, and income
<br />thereof, including those past due and unpaid, and apply the same upon any indebtedness secured
<br />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
<br />any other remedy herein or by law provided or permitted, but each will be cumulative, will be in
<br />addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by
<br />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
<br />the express provisions of this Trust Deed or the Nebraska Trust Deeds Act and Trustee will not be
<br />liable except for the performance of such duties and obligations as are specifically set forth therein,
<br />and no implied covenants or obligations will be imposed upon Trustee; Trustee will not be liable for
<br />any action by it in good faith and reasonably believed by it to be authorized or within the discretion or
<br />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
<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
<br />any 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 tum
<br />over and deliver to Trustor(s) or their successors in interest, any or all of such sums without prejudice
<br />to any of Beneficiary's rights to take and retain future sums, and without prejudice to any of its other
<br />rights under this Trust Deed. This assignment will be construed to be a provision for the payment or
<br />reduction of the debt, subject to the Beneficiary's option as hereinbefore provided, independent of the
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