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201804441
<br />SECTION VIII. INDEMNIFICATION BY GRANTOR. Grantor shall indemnify and hold Trustee and Beneficiary
<br />harmless from and against any and all claims, losses, damages, fees, penalties, charges, judgments, and all costs and
<br />expenses (including, without limitation attorney's fees) which any of them may incur or sustain in connection with
<br />the Obligations, the Lease Documents, this Deed (including, without limitation, Section IV) or the Trust Estate. For
<br />such indemnity, Trustee and each Beneficiary shall be secured under this Deed in the same manner as the Obligations
<br />and all such reimbursements for expenses or damages shall be paid to Trustee or Beneficiary incurring or suffering
<br />the same with interest at the rate set forth in Section III. Grantor's obligations under this Section shall survive the
<br />exercise by Trustee or Beneficiary of its rights and remedies hereunder, any foreclosure on all or any part of the Trust
<br />Estate and the release, cancellation or satisfaction of the Obligations or this Deed.
<br />SECTION IX. TRUSTEE. (a) Subject to applicable law, Trustee may resign by an instrument in writing addressed
<br />to Beneficiary, or Trustee may be removed with or without cause by an instrument executed by Beneficiary. In case
<br />of the death, resignation, removal or disqualification of Trustee or if Beneficiary shall deem it desirable to appoint a
<br />substitute or successor Trustee, then Beneficiary shall have the right and is authorized to appoint a successor or
<br />substitute Trustee, without other formality than appointment and designation in writing executed by Beneficiary, and
<br />the authority hereby conferred shall extend to the appointment of other successor and substitute Trustees successively
<br />until Grantor's Obligations have been satisfied or until the Trust Estate is sold hereunder. Such appointment and
<br />designation by the Beneficiary shall be full evidence of the right and authority to make the same and all facts therein
<br />recited. All references herein shall be deemed to refer to Trustee (including any successor or substitute as herein
<br />provided) from time to time acting hereunder. Except as otherwise required by applicable law, Trustee shall not
<br />perform any act or omit to act hereunder unless, prior to such act or omission, Beneficiary delivers to Trustee direction
<br />to so act or omit to act. Grantor hereby ratifies and confirms any and all acts which Trustee herein named or its
<br />successor or successors, substitute or substitutes, in this trust, shall do lawfully by virtue hereof. (b) Trustee shall not
<br />be liable for any error of judgment or act done by Trustee in good faith, or otherwise be responsible or accountable
<br />under any circumstances whatsoever, except for Trustee's gross negligence or willful misconduct. (c) Beneficiary
<br />hereby agrees to indemnify and save harmless Trustee from and against any liability or damages which Trustee may
<br />incur or sustain in the exercise and performance of its rights and duties hereunder, unless incurred or sustained as a
<br />result of Trustee's gross negligence or willful misconduct. (d) Trustee (i) shall not exercise, or waive exercise of, any
<br />of its rights or remedies hereunder (other than its right to reimbursement) except upon request of Beneficiary, and (ii)
<br />shall exercise, or waive the exercise of, any or all of such rights or remedies upon the request of Beneficiary and at
<br />the direction of Beneficiary as to the manner of such exercise or waiver.
<br />SECTION X. MISCELLANEOUS. (a) Every right or remedy herein conferred upon or reserved to Beneficiary
<br />shall be cumulative and shall in addition to every other right and remedy given hereunder or under any Lease
<br />Document or now or hereafter existing at law or in equity. The pursuit of any right or remedy shall not be construed
<br />as an election. (b) Invalidity of any provision of this Deed shall not affect the remaining portions hereof. For payment
<br />of the Obligations, Beneficiary may resort to any security in such order and manner as Beneficiary may elect. (c) This
<br />Deed shall bind Grantor's successors and assigns, and shall pass to and inure to the benefit of Beneficiary's successors
<br />and assigns. (d) Headings shall not affect the meaning or construction of the provisions hereof. (e) All communications
<br />hereunder shall be in writing and shall be deemed to be properly given if sent by registered or certified mail, postage
<br />prepaid, or sent by facsimile transmission, receipt confirmed, addressed to the following addresses: Grantor: Mark L.
<br />Wooldrik and Michelle M. Wooldrik, 1952 HWY 32, West Point, NE 68788; Trustee: Michael F. Kivett, 11240
<br />Davenport Street, PO Box 540125, Omaha, NE 68154 -0125; Beneficiary: Farm Credit Leasing Services
<br />Corporation, 600 Highway 169 South, Suite 300, Minneapolis, MN 55426 -1219, Fax No: 866- 796 -1441. Each
<br />party may from time to time designate to the other a new address by notice made in accordance herewith. (1)
<br />This Deed shall be governed by and construed according to the laws of the State of Nebraska, except to the
<br />extent governed by federal law. Each party hereto hereby waives any right to trial by jury in connection with any
<br />matter relating to this Deed.
<br />[Signatures follow on next page.]
<br />NE FCL 4
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