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201805745 <br />TO HAVE AND TO HOLD the same unto the said Trustee, Trustee's successors and <br />assigns forever, IN TRUST HOWEVER and WITH POWER OF SALE hereby expressly granted <br />unto the said Trustee, Trustee's successors, and assigns for the purpose of securing: <br />(a) The payment of Trustor's just indebtedness to Beneficiary in the principal sum of <br />Four Hundred Forty -Six Thousand Two Hundred Ten Dollars ($446,210.00) for money borrowed, <br />with interest thereon, all as evidenced by and in strict accordance with the terms of that certain <br />promissory note hereinafter called the "Note ", bearing even date herewith made payable to the order <br />of Beneficiary, executed by Friesen Family Enterprises, Inc., a Nebraska corporation, and providing <br />for the payment of said indebtedness in installments, subject to acceleration of maturity on default <br />in the payment of any installment of principal or interest or in the performance of any covenant, <br />agreement or warranty contained in this Deed of Trust; <br />(b) The performance of each agreement, covenant and warranty of Trustor herein <br />contained or set forth in the Note or any agreement or instrument executed by Trustor in connection <br />with the indebtedness hereby secured; and <br />(c) The payment of any sum or sums of money with interest thereon which may be <br />hereafter paid or advanced under the terms of this Deed of Trust. <br />NOW, THEREFORE, TO PROTECT THE SECURITY OF THIS DEED OF TRUST, <br />Trustor does for Trustor and for Trustor's heirs, representatives, vendees, successors and assigns, <br />the owners of said Property, hereby expressly covenant, agree and warrant to and with the Trustee <br />and Beneficiary, and their successors, vendees and assigns: <br />FIRST: That the Trustor hereby covenants and agrees, to the extent permitted by law, as <br />follows: (a) to pay promptly when due the principal and interest and other sums of money provided <br />for in the Note and in this Deed of Trust; (b) to promptly pay before delinquency all taxes, <br />assessments and other charges imposed by law upon the Property, the Trustor's interest therein, or <br />upon this Deed of Trust or the Note; (c) to keep the above - described Property and the <br />improvements thereon in good condition and repair and not to commit or suffer waste thereof, and <br />except as authorized in any schedule annexed hereto and forming a part hereof; (d) to maintain and <br />deliver to Beneficiary policies of insurance against such hazards on the buildings and improvements <br />now or hereafter located on or constituting a part of the Property as the Beneficiary shall require, in <br />such companies and amounts and with such loss payable clauses as shall be satisfactory to the <br />Beneficiary; that in the event of loss, Beneficiary is expressly authorized to settle or compromise <br />claims under said policies and the proceeds thereof shall be paid to the Beneficiary who may apply <br />the same or any part thereof on the indebtedness secured hereby or toward the reconstruction or <br />repair of said buildings and improvements or release same to the Trustor; (e) to pay any lien, claim <br />or charge against the Property which might take precedence over the lien hereof; (f) to pay on <br />demand all legal expenses, title searches, appraisal or attorneys' fees reasonably incurred or paid by <br />Beneficiary to collect the Note or foreclose or protect the lien of this Deed of Trust; (g) that in the <br />event Trustor shall fail to comply with the provisions of (a) through (f) above, the Beneficiary may <br />expend such funds and take such action as is necessary to remedy such failure and all sums paid by <br />the Beneficiary pursuant hereto with interest at the rate hereinafter provided shall constitute a lien <br />upon the Property, shall be secured by this Deed of Trust, and shall be immediately due and <br />repayable to the Beneficiary; (h) not to sell the Property or any portion thereof without the approval <br />of the Beneficiary in writing; and in the event of any sale herein prohibited, then the entire <br />indebtedness secured by this Deed of Trust shall, at the option of the Beneficiary, become due and <br />payable; (i) that if the Property or any part or parcel thereof shall be taken or damaged under the <br />power of eminent domain, the award for any Property so taken or damaged (including severance <br />