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<br />other things: (1) Trustee or Beneficiary may collect from Trustor (including enforcing this deed of trust against
<br />Trustor) without first foreclosing on any real or personal property collateral securing the Secured Obligations; and
<br />(2) if Trustee or Beneficiary forecloses on any real property collateral securing the Secured Obligations: (A) the
<br />amount of the Secured Obligations may be reduced only by the price for which that collateral is sold at the
<br />Foreclosure Sale, even if the collateral is worth more than the sale price, and (B) Trustee or Beneficiary may collect
<br />from Trustor (including enforcing this deed of trust against Trustor) even if Trustee or Beneficiary, by foreclosing
<br />on the real property collateral, has destroyed any right Beneficiary may have to collect from Trustor. This is an
<br />unconditional and irrevocable waiver of any rights and defenses Trustor may have because the Secured Obligations
<br />may be secured by real property other than the Property.
<br />(c) Trustor waives any right or defense it may have at law or equity, to a fair market value
<br />hearing or action to determine a deficiency judgment after a foreclosure of any real property other than the
<br />Property hereby encumbered.
<br />(d) No provision or waiver in this deed of trust shall be construed as limiting the generality
<br />of any other provision or waiver contained in this deed of trust.
<br />8.08 Information. Trustor is solely responsible for keeping informed of Trustor's financial condition
<br />and business operations and all other circumstances affecting Trustor's ability to pay and perform its obligations to
<br />Trustee or Beneficiary, and agrees that Trustee or Beneficiary will have no duty to disclose to Trustor any
<br />information which Trustee or Beneficiary may receive about Trustor's financial condition, business operations, or
<br />any other circumstances bearing on its ability to perform.
<br />8.09 No Mortgagee in Possession. Neither the enforcement of any of the remedies under this Article,
<br />the assignment of the Rents and Leases under Article 2, the security interests under Article 3, nor any other
<br />remedies afforded to Beneficiary under the Loan Documents, at law or in equity shall cause Beneficiary or Trustee
<br />to be deemed or construed to be a mortgagee in possession of the Property, to obligate Beneficiary or Trustee to
<br />lease the Property or attempt to do so, or to take any action, incur any expense, or perform or discharge any
<br />obligation, duty or liability whatsoever under any of the Leases or otherwise.
<br />ARTICLE 9 — NOTICES
<br />All notices, approvals, consents, and other communications, under this deed of trust ( "Notices ") must be
<br />in writing and mailed or delivered to the address specified herein. All Notices will be deemed to be given or made
<br />upon the earlier to occur of: (1) actual receipt by the intended recipient; or (2) (A) if delivered by hand or by
<br />courier, upon delivery; or (B) if delivered by mail, four Business Days after deposit in the U.S. mail, properly
<br />addressed, postage prepaid; except that notices and other communications to Lender will not be effective until
<br />actually received by Lender. All telephonic Notices to and other telephonic communications with Lender may be
<br />recorded by Lender, and each Party consents to such recording. Notices must be mailed or delivered, if to Trustor,
<br />to the address adjacent Trustor's signature below; if to Trustee, at P.O. Box 790, Grand Island, NE 68802; if to
<br />Beneficiary, to Metropolitan Life Insurance Company, Agricultural Investments, 10801 Mastin Blvd., Ste 930,
<br />Overland Park, KS 66210, Attn: SSU Director, with a carbon copy to Metropolitan Life Insurance Company,
<br />Agricultural Investments, 10801 Mastin Blvd, Ste. 120, Overland Park, KS 66210, Attn: Director, CRO, with an
<br />additional carbon copy to Metropolitan Life Insurance Company, Agricultural Investments, 10801 Mastin Blvd, Ste.
<br />930, Overland Park, KS 66210, Attn: Law Department.
<br />ARTICLE 10 — TRUSTEE
<br />From time to time, Beneficiary may substitute a successor to any Trustee named in or acting under this
<br />deed of trust in any manner now or later to be provided at law, or by a written instrument executed and
<br />acknowledged by Beneficiary and recorded in the office(s) of the recorder(s) of the county or counties where the
<br />Land and Improvements are situated. Any such instrument is conclusive proof of the proper substitution of the
<br />Willoughby
<br />Deed of Trust, Assignment of Rents, Security Agreement, and Fixture Filing
<br />Loan no. 197694
<br />15
<br />Rev. 1.7.2015
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