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201406444
<br /> 20143335
<br /> sufficiency thereof to discharge the indebtedness secured hereby or in the loan agreement(s). Delay
<br /> by Beneficiary in exercising its rights upon default will not be construed as a waiver thereof and any
<br /> act of Beneficiary waiving any specified default will not be construed as a waiver of any future default.
<br /> If the proceeds under such sale or foreclosure are 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
<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 turn
<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 /> A/LOT 6
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