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<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 /> ■ 64,y
<br /> Joh 41 laws Kay S Claus
<br /> App#:5315066; CIF#:68042; Note#:206 210PP Legal Doc.Date:May 21,2015
<br /> FORM 5011,Trust Deed and Assignment of Rents Page 4 of 5
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