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<br /> (g) If Trustor is not an individual,the issuance,sale,transfer,assignment,conveyance or encumbrance of more than a total
<br /> ' of percent of(if a corporation) its issued and outstanding stock or(if a partnership)a total of percent of
<br /> partnership interests during the period this Deed of Trust remains a lien on the Property.
<br /> 12. Remedies;Acceleration Upon Default.In the event of any Event of Default Lender may,without notice except as required by
<br /> law, declare all indebtedness secured hereby to be due and payable and the same shall thereupon become due and payable
<br /> without any presentment, demand, protest or notice of any kind. Thereafter Lender may:
<br /> (a) Demand that Trustee exercise the POWER OF SALE granted herein, and Trustee shall thereafter cause Trustor's
<br /> interest in the Property to be sold and the proceeds to be distributed,all in the manner provided in the Nebraska Trust Deeds
<br /> Act;
<br /> (b) Exercise any and all rights provided for in any of the Loan Instruments or by law upon occurrence of any Event of
<br /> Default; and
<br /> (c) Commence an action to foreclose this Deed of Trust as a mortgage,appoint a receiver,or specifically enforce any of the
<br /> covenants hereof.
<br /> No remedy herein conferred upon or reserved to Trustee or Lender is intended to be exclusive of any other remedy herein, in the
<br /> Loan Instruments or by law provided or permitted, but each shall be cumulative,shall be in addition to every other remedy given
<br /> hereunder,in the Loan Instruments or now or hereafter existing at law or in equity or by statute,and may be exercised concurrently,
<br /> independently or successively.
<br /> 13. Trustee. The Trustee may resign at any time without cause, and Lender may at any time and without cause appoint a
<br /> successor or substitute Trustee.Trustee shall not be liable to any party,including without limitation Lender,Borrower,Trustor or any
<br /> purchaser of the Property,for any loss or damage unless due to reckless or willful misconduct,and shall not be required to take any
<br /> action in connection with the enforcement of this Deed of Trust unless indemnified, in writing, for all costs, compensation or
<br /> expenses which may be associated therewith. In addition,Trustee may become a purchaser at any sale of the Property Qudicial or
<br /> under the power,of sale granted herein); postpone the sale of all or any portion of the Property, as provided by law; or sell the
<br /> Property as a whole, or in separate parcels or lots at Trustee's discretion.
<br /> 14. Fees and Expenses. In the event Trustee sells the Property by exercise of power of sale,Trustee shall be entitled to apply
<br /> any sale proceeds first to payment of all costs and expenses of exercising power of sale,including all Trustee's fees,and Lender's
<br /> and Trustee's attorney's fees,actually incurred to extent permitted by applicable law.In the event Borrower or Trustor exercises any
<br /> right provided by law to cure an Event of Default, Lender shall be entitled to recover from Trustor all costs and expenses actually
<br /> incurred as a result of Trustor's default, including without limitation all Trustee's and attorney's fees, to the extent permitted by
<br /> applicable law.
<br /> 15. Future Advances. Upon request of Borrower, Lender may, at its option, make additional and future advances and re-
<br /> advances to Borrower.Such advances and readvances,with interest thereon,shall be secured by this Deed of Trust.At no time shall
<br /> the principal amount of the indebtedness secured by this Deed of Trust,not including sums advanced to protect the security of this
<br /> Deed of Trust, exceed the original principal amount stated herein, or$ whichever is greater.
<br /> 16. Miscellaneous Provisions.
<br /> (a) Borrower Not Released. Extension of the time for payment or modification of amortization of the sums secured by this
<br /> Deed of Trust granted by Lender to any successor in interest of Borrower shall not operate to release,in any manner,the liability
<br /> of the original Borrower and Borrower's successors in interest.Lender shall not be required to commence proceedings against
<br /> such successor or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Deed of Trust
<br /> by reason of any demaniis made by the original Borrower and Borrower's successors in interest.
<br /> (b) Lender's Powers. Without affecting the liability of any other person liable for the payment of any obligation herein
<br /> mentioned,and without affecting the lien or charge of this Deed of Trust upon any portion of the Properry not then or theretofore
<br /> released as security for the full amount of all unpaid obligations,Lender may,from time to time and without notice(i)release any
<br /> person so liable,(ii)extend the maturity or alter any of the terms of any such obligations,(iii)grant other indulgences,(iv)release
<br /> or reconvey, or cause to be released or reconveyed at any time at Lender's option any parcei, portion or all of the Property,
<br /> (v) take or release any other or additional security for any obligation herein mentioned, or (vi) make compositions or other
<br /> arrangements with debtors in relation thereto.
<br /> (c) Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or
<br /> otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. The
<br /> procurement of insurance or the payment of taxes or other liens or charges by Lender shall not be a waiver of Lender's right to
<br /> accelerate the maturity of the indebtedness secured by this Deed of Trust.
<br /> (d) Successors and Assigns Bound; Joint and Several Liability; Captions. The covenants and agreements herein con-
<br /> tained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Trustor. All
<br /> covenants and agreements of Trustor shall be joint and several.The captions and headings of the paragraphs of this Deed of
<br /> Trust are for convenience only and are not to be used to interpret or define the provisions hereof.
<br /> (e) Request tor Notices.The parties hereby request that a copy of any notice of default hereunder and a copy of any notice
<br /> of sale hereunder be mailed to each party to this Deed of Trust at the address set forth above in the manner prescribed by
<br /> applicable law. Except for any other notice required under applicable law to be given in another manner,any notice provided
<br /> for in this Deed of Trust shall be given by mailing such notice by certified mail addressed to the other parties,at the address set
<br /> forth above. Any notice provided for in this Deed of Trust shall be effective upon mailing in the manner designated herein. If
<br /> Trustor is more than one person, notice sent to the address set forth above shall be notice to all such persons.
<br /> (f) Inspection. Lender may make or cause to be made reasonable entries upon and inspections of the Property, provided
<br /> that Lender shall give Trustor notice prior to any such inspection specifying reasonable cause therefor related to Lender's
<br /> interest in the Property.
<br /> (g) Reconveyance.Upon payment of all sums secured by this Deed of Trust,Lender shall request Trustee to reconvey the
<br /> Property and shall surrender this Deed of Trust and all notes evidencing indebtedness secured by this Deed of Trust to Trustee.
<br /> Trustee shall reconvey the Property without warranty and without charge to the person or persons legally entitled thereto.
<br /> Trustor shall pay all costs of recordation, if any.
<br /> (h) Personal Property; Security Agreement. As additional security for the payment of the Note, Trustor hereby grants
<br /> Lender under the Nebraska Uniform Commercial Code a security interest in all fixtures,equipment,and other personal property
<br /> used in connection with the real estate or improvements located thereon,and not otherwise declared or deemed to be a part of
<br /> the real estate secured hereby.This instrument shall be construed as a Security Agreement under said Code,and the Lender
<br /> shall have all the rights and remedies of a secured party under said Code in addition to the rights and remedies created under
<br /> and accorded the Ler.der pursuant to this Deed of Trust;provided that Lender's rights and remedies under this paragraph shall
<br /> be cumulative with,and in no way a limitation on, Lender's rights and remedies under any other securiry agreement signed by
<br /> Borrower or Trustor.
<br /> (i) Liens and Encumbrances.Trustor hereby warrants and represents that there is no default under the provisions of any
<br /> mortgage,deed of trust, lease or purchase contract describing all or any part of the Properry,or other contract, instrument or
<br /> agreement constituting a lien or encumbrance against all or any part of the Property(collectively,"Liens"),existing as of the
<br /> date of this Deed of Trust, and that any and all existing Liens remain unmodified except as disclosed to Lender in Trustor's
<br /> written disclosure of liens and encumbrances provided for herein. Trustor shall timely perform all of Trustor's obligations,
<br /> covenants,representations and warranties under any and all existing and future Liens,shall promptly forward to Lender copies
<br /> of all notices of default sent in connection with any and all existir�g or future Liens,and shall not without Lender's prior written
<br /> consent in any manner modify the provisions of or allow any future advances under any existing or future Liens.
<br /> (j) Applicaton of Payments.Unless otherwise required by law,sums paid to Lender hereunder,including without limitation
<br /> payments of principal and interest, insurance proceeds, condemnation proceeds and rents and profits, shall be applied by
<br /> Lender to the amounts due and owing from Trustor and Borrower in such order as Lender in its sole discretion deems desirable.
<br /> (k) Severability. If any provision of this Deed of Trust conflicts with applicable law or is declared invalid or otherwise
<br /> unenforceable, such conflict or invalidity shall not affect the other provisons of this Deed of Trust or the Note which can be
<br /> given effect without the conflicting provision,and to this end the provisions of this Deed of Trust and the Note are declared to be
<br /> severable.
<br /> • .,_;:,-� ;'
<br /> NBC 3457(Agricultural Deed)Rev.9;94
<br /> �O t g88 National Bank of Commerce Tiust and Savings Association,Lincoln,Nebraska
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