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201406803
<br /> herein or in the loan agreement(s), Beneficiary, at its option, may make such payments or provide
<br /> insurance, maintenance, or repairs and any amounts paid therefor will become part of the principal
<br /> indebtedness secured hereby, be immediately due and payable and bear interest at the default rate
<br /> provided in the note(s) or credit agreement(s) from the date of payment until paid. The advancement by
<br /> Beneficiary of any such amounts will in no manner limit the right of Beneficiary to declare Trustor(s) in
<br /> default or exercise any of Beneficiary's other rights and remedies.
<br /> 5. In the event Beneficiary is a party to any litigation affecting the property or the lien of this Trust Deed,
<br /> including any action by Beneficiary to enforce this Trust Deed or any suit in which Beneficiary is named a
<br /> defendant (including condemnation and bankruptcy proceedings) Beneficiary may incur expenses and
<br /> advance payments for abstract fees, attorneys fees (to the extent allowed by law), costs, expenses,
<br /> appraisal fees, and other charges and any amounts so advanced will become part of the principal
<br /> indebtedness secured hereby, be immediately due and payable and bear interest at the default rate
<br /> provided in the note(s) or credit agreement(s)from the date of advance until paid.
<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
<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 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 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
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