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<br />enter upon the property to inspect the same or to perform any acts authorized herein or in the loan agreement(s).
<br />4. In the event Trustor(s) fails to pay any liens, judgments, assessments, taxes, rents, fees, or charges or maintain any insurance on the property,
<br />buildings, fixtures, attachments, or improvements as provided herein or in the loan agreement(s), Beneficiary, at its option, may make such payments
<br />or provide insurance, maintenance, or repairs and any amounts paid therefor will become part of the principal indebtedness secured hereby, be
<br />immediately due and payable and bear interest at the default rate provided in the note(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 default or exercise any of Beneficiary's other
<br />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, including any action by Beneficiary to
<br />enforce this Trust Deed or any suit in which Beneficiary is named a defendant (including condemnation and bankruptcy proceedings) Beneficiary
<br />may incur expenses and advance payments for abstract fees, attorneys fees (to the extent allowed by law), costs, expenses, appraisal fees, and
<br />other charges and any amounts so advanced will become part of the principal indebtedness secured hereby, be immediately due and payable and
<br />bear interest at the default rate provided in the note(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 assigned to Beneficiary; and Beneficiary is
<br />hereby authorized to collect and apply the same in payment of 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, advancements, or protective advances), or failure
<br />to perform or observe any covenants and conditions contained herein, in the note(s), loan agreement(s), or any other instruments, or any proceedings
<br />is brought under any Bankruptcy laws, Beneficiary, at its option, may declare the entire indebtedness secured hereby to be immediately due and
<br />payable and the whole will bear interest at the default rate as provided in the note(s) and Beneficiary may immediately authorize Trustee to exercise
<br />the Power of Sale granted herein in the manner provided in the Nebraska Trust Deeds Act, or, at the option of the Beneficiary, may foreclose the
<br />Trust Deed in the manner provided by law for the 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 sufficiently thereof to discharge the
<br />indebtedness secured hereby or in the loan agreement(s). Delay by Beneficiary in exercising its rights upon default will not be construed as a waiver
<br />thereof and any act of Beneficiary waiving any specified default will not be construed as a waiver of any future default. If the proceeds under such
<br />sale or foreclosure are insufficient to pay the total indebtedness secured hereby, Trustor(s) do hereby agree to be personally bound to pay the unpaid
<br />balance, and Beneficiary will be entitled to a deficiency judgment.
<br />8. Should Beneficiary elect to exercise the Power of Sale granted herein, Beneficiary will notify Trustee who will record, publish, and deliver to
<br />Trustor(s) such Notice of Default and Notice of Sale as then required by law and will in the manner provided by law, sell the property at the time
<br />and place of sale fixed in the Notice of Sale, either as a whole or in separate lots, parcels, or items and in such order as Trustee will deem expedient.
<br />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 by certified mail to Trustor(s) at the
<br />address(es) set forth herein.
<br />10. Upon default, Beneficiary, either in person or by agent, with or without bringing any action or proceeding and with or without regard to the value
<br />of the property or the sufficiency thereof to discharge the indebtedness secured hereby, is authorized and entitled to enter upon and take possession
<br />of the property in its own name or in the name of the Trustee and do any acts or expend any sums it deems necessary or desirable to protect or
<br />preserve the value of the property or any interest therein, or increase the income therefrom; and with or without taking possession of the property
<br />is authorized to sue for or otherwise collect the rents, issues, crops, profits, and income thereof, including those past due and unpaid, and apply
<br />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 other remedy herein or by law provided
<br />or permitted, but each will be cumulative, will be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity
<br />or by 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 the express provisions of this Trust Deed or
<br />the Nebraska Trust Deeds Act and Trustee will not be liable except for the performance of such duties and obligations as are specifically set forth
<br />therein, and no implied covenants or obligations will be imposed upon Trustee; Trustee will not be liable for any action by it in good faith and
<br />reasonably believed by it to be authorized or within the discretion or 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 obligations secured hereby. Should Trustor(s) sell,
<br />transfer, or convey the property described herein, 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 other default.
<br />13. Assignment of Rents including Proceeds of Mineral Leases. Trustor(s) hereby assigns, transfers, and conveys to Beneficiary all rents, royalties,
<br />bonuses, and delay moneys or other proceeds that may from time to time become due and payable under any real estate lease or under any oil, gas,
<br />gravel, rock, or other mineral lease of any kind including geothermal resources now existing or that may hereafter come into existence, covering
<br />the property or any part thereof. All such sums so received by Beneficiary will be applied to the indebtedness secured hereby; or Beneficiary, at
<br />its option, may turn over and deliver to Trustor(s) or their successors in interest, any or all of such sums without prejudice to any of Beneficiary's
<br />rights to take and retain future sums, and without prejudice to any of its other rights under this Trust Deed. This assignment will be construed to
<br />be a provision for the payment or reduction 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 assignment will become inoperative and of no
<br />further force and effect.
<br />14. This Trust Deed constitutes a Security Agreement with respect to all the property described herein.
<br />15. The covenants contained in this Trust Deed will be deemed to be severable; in the event that any portion of this Trust Deed is determined to
<br />be void or unenforceable, that determination will not affect the validity of the remaining portions of the Trust Deed.
<br />6-am
<br />STATE OF
<br />ss
<br />COUNTY OF ,�/y I— ►
<br />On this 1_ day of �eb�wtry a?PV(J , before me, a Notary Public, personally appeared �o�►►1st N1t0�7f'l�
<br />4*t,x WN11f•, /11, 11ic�drelf - #a'r-�rr r— ili
<br />*11` ,? ;t /I u -56awd
<br />to me known to be the person(s) named in and who executed the foregoing instrument, and acknowledged that /etc J executed the same as
<br />voluntary act'and deed.
<br />6E�Alll MgURY -Shlq d Ne6tosb
<br />(SEAL) JOSEM D. LAW
<br />Mr Comm. EW. ABM 10. toy
<br />(Ty name under signature)
<br />My commission expires /J I . 2�:rz% Notary Public in and for said County and State
<br />Ap #: 00186742; Primary Customer ID #: 00032914; CIF #: 67763 Legal Doc. Date: February 15, 2000
<br />FORM 9011 . Trust Deed and Assignment of Rents Page 2
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