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202403133
<br />DCN: 083264681A85BB421BA5E9E6E78E3806
<br />including attorneys' fees and compensation to the Trustee for his services; and next to Beneficiary or its
<br />endorsees or assignees, upon the usual vouchers therefor, all monies paid pursuant to or under any provisions
<br />set forth herein, in the Note or in any of the other documents or instruments secured hereby; and next to the
<br />payment of the Note and other secured obligations, in such order as Beneficiary may elect; and the balance of
<br />such proceeds, if any, shall be paid to the person or persons legally entitled thereto; and the Trustee covenants
<br />faithfully to perform the trust herein created; all in accordance with applicable law. Default shall also exist if
<br />any loan proceeds arc used for a purpose that will contribute to excessive erosion of highly erodible land or to
<br />the conversion of wetland to produce or to make possible the production of an agricultural commodity, further
<br />explained in CFR Part 1940, Subpart G, Exhibit M.
<br />7. Possession. If a sale shall be held hereunder, the Trustee hereby lets the Property to Trustors, upon the
<br />following terms and conditions, to -wit: Trustors, and every and all persons claiming or possessing the
<br />Property, or any part thereof, by, through, or under Trustors shall or will pay rent therefor during the term at
<br />the rate of one cent per month, payable monthly upon demand and shall and will surrender peaceable
<br />possession of the Property, and any and every part thereof, to the Trustee, its successors, assignees, or
<br />purchasers thereof, without notice or demand therefor, upon the occurrence of any default or breach under the
<br />Note or this Deed of Trust.
<br />8. Right to Purchase. Beneficiary, if it is the highest bidder, shall have the right to purchase at any sale of the
<br />Property, and to have the amount for which such Property is sold credited on the debt then owing.
<br />9. Substitute Trustee. Beneficiary may, from time to time, remove the Trustee and substitute another trustee in
<br />place of the Trustee herein named or in place of any previously appointed successor trustee. Upon such
<br />appointment, and without conveyance to the successor trustee, the latter shall be vested with all the titles,
<br />estates, rights, powers and trusts conferred upon the Trustee herein named. Such appointment shall be made
<br />by written instrument executed by Beneficiary which shall be recorded among the public records in the county
<br />where this Deed of Trust is recorded, and shall be conclusive proof of the proper appointment of the successor
<br />trustee.
<br />10. Abandonment, Dismissal. It is agreed that, in the event a foreclosure hereunder is commenced by the
<br />Trustee, or his substitute or successor, Beneficiary may, at any time before the sale of the Property direct the
<br />said Trustee to abandon the sale, and may then institute suit, for the collection of said Note and for the judicial
<br />foreclosure of this Deed of Trust lien. It is further agreed that, if Beneficiary institutes a suit for the collection
<br />thereof and for a judicial foreclosure of this Deed of Trust lien, Beneficiary may at any time before the entry
<br />of a final judgment in said suit dismiss the same and require the Trustee, his substitute or successor, to sell the
<br />Property in accordance with the provisions of this Deed of Trust.
<br />11. Prior Liens. It is agreed that the lien hereby created shall take precedence over and be a prior lien to any other
<br />lien of any character, whether vendor's, materialmen's or mechanic's lien, hereafter created on the Property;
<br />and in the event the proceeds of the indebtedness secured hereby as set forth herein are used to pay off and
<br />satisfy any liens heretofore existing on the Property, then Beneficiary is, and shall be, subrogated to all of the
<br />rights, liens and remedies of the holders of the indebtedness so paid.
<br />12. Bankruptcy. It is further agreed that, if Trustors, their heirs or assigns, while the owner of the Property,
<br />commit an act of bankruptcy, or authorize the filing of a voluntary petition in bankruptcy, or if an act of
<br />bankruptcy is committed and involuntary proceedings in bankruptcy are instituted or threatened, or if the
<br />Property is taken over by a receiver for Trustors, their heirs or assigns, then the Note shall, at the option of
<br />Beneficiary, immediately become due and payable, and the Trustee may then proceed to sell the same under
<br />the provisions of this Deed of Trust.
<br />13. Assignment of Rents. Trustors assign to Beneficiary, and grant to Beneficiary a security interest in
<br />absolutely, not only as collateral, all present and future rent and other income and receipts from the Property.
<br />Trustors warrant the validity and enforceability of the assignment. Trustors may as Beneficiary's licensee
<br />collect rent and other income and receipts as long as there is not a default under the Note or this Deed of Trust.
<br />Trustors will apply all rent and other income and receipts to payment of the Note and performance of this
<br />Deed of Trust, but if the rent and other income and receipts exceed the amount due under the Note and Deed
<br />of Trust, Trustors may retain the excess. If there is a default in payment of the Note or performance of this
<br />Deed of Trust, Beneficiary may terminate Trustors' license to collect and then as Trustors' agent may rent the
<br />Property if it is vacant and collect all rent and other income and receipts. Beneficiary neither has nor assumes
<br />any obligations as lessor or landlord with respect to any occupant of the Property. Beneficiary may exercise
<br />Beneficiary's rights and remedies under this paragraph without taking possession of the Property and
<br />Beneficiary shall apply all rent and other income and receipts collected under this paragraph first to expenses
<br />incurred in exercising Beneficiary's rights and remedies and then to obligations owed to the Beneficiary under
<br />the Note and this Deed of Trust in the order determined by Beneficiary. Beneficiary is not required to act
<br />under this paragraph, and acting under this paragraph does not waive any of Beneficiary's other rights or
<br />remedies. If Trustors become voluntary or involuntary bankrupts, Beneficiary's filing a proof of claim in
<br />bankruptcy will be tantamount to the appointment of a receiver under Nebraska law.
<br />14. Possible Extensions. It is agreed that an extension or extensions may be made of the time of payment of all,
<br />or any part, of the indebtedness secured hereby, and that any part of the Property may be released from this
<br />lien without altering or affecting the priority of the lien created by this Deed of Trust in favor of any junior
<br />encumbrance, mortgagee or purchaser, or any person acquiring an interest in the Property hereby conveyed, or
<br />Form DEEDPD-NE
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