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202501932 DEED OF TRUST (Continued) Page 7 ACCELERATION IN THE EVENT OF SALE. In the event any or all of the real estate described in the Mortgage or Deed of Trust, Security Agreement or other instrument providing security for this note is sold, exchanged or otherwise transferred, the Lender's written consent must be obtained prior to any sale or Lender may, without notice, declare the entire unpaid balance of this note and all accrued and unpaid interest plus costs and fees due under this note immediately due and payable. NOTICE TO GRANTOR/TRUSTOR. THE NOTE CONTAINS A VARIABLE INTEREST RATE. CROSS DEFAULT. Grantor has heretofore executed a Promissory Note dated April 11, 2025, in the original principal sum of $460,000.00, and a Promissory Note dated February 18, 2022, in the original principal sum of $1,165,000.00 (the "Notes"). These Notes are secured by a Deed of Trust dated February 18, 2022, in the amount of $1,165,000.00 and recorded in Buffalo County, Nebraska on February 24, 2022, in Document No. 2022-01222 and recorded in Hall County, Nebraska on February 22, 2022 in Instrument No. 202201347, and this Deed of Trust to be recorded in Buffalo County, Nebraska and Hall County, Nebraska (the "Deeds of Trust"). A default in payment or performance of any of the Notes or the Mortgages or any Loan Agreement, Security Agreement, or other documents securing performance thereof shall also constitute and be a default under all Notes and Mortgages and the holder thereof shall thereupon have all legal and equitable rights and remedies together with all of the performances thereof in the event of default. JURISDICTION. If litigation is required in state court, Borrower agrees to submit to the jurisdiction of the courts of Yankton County, State of South Dakota and venue, at Lender's discretion shall be proper there. If litigation is required in federal court, Borrower agreed to submit to the jurisdiction of the federal court in Sioux Falls, South Dakota. All parties to this Mortgage or Deed of Trust hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by any party against any other party. WATER RIGHTS. Trustor shall maintain the Water Rights during the term of the loan at a level and of a nature sufficient to provide the continuing, enforceable right to receive irrigation water on the property from such sources, in such quantities and at such times and locations as has historically been available to the property without interruption or substantially increased cost and in any event sufficient to provide adequate water and/or drainage to continue the current and proposed agricultural operations on the property. All existing Water Rights benefiting or available to the property shall be maintained in full force and effect for the benefit of the property by Trustor and applied to beneficial use so as to maintain the validity and priority of such rights. Trustor shall fully comply with, and not permit a default to occur under any water licenses, permits or delivery contracts used to provide water to the property, and shall timely exercise all renewal or extension rights in such contracts. Trustor shall not modify, amend or terminate any Water Rights without the Lender's prior written consent. Trustor shall comply with the rules, regulations and ordinances of any water district, water agency or groundwater management agency in which the property or any portion thereof is located and pay all related fees and assessments prior to delinquency. All irrigation wells and related facilities used to deliver irrigation water to any portion of the property shall remain physically located within the boundaries of such property or the subject of valid, enforceable easements appurtenant to the property and encumbered hereby. If the use of any irrigation facilities or water serving the property requires consent or the use of other property, Trustor shall maintain in effect all requisite easements or other legally enforceable and assignable rights to use such facilities and/or water to service the property. Trustor shall notify the Lender if the irrigation water supply to any portion of the property is interrupted or subject to interruption for any reason other than temporarily for routine maintenance or repairs in a manner that does not impair the operation of the property. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust: Amendments. This Deed of Trust, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the matters set forth in this Deed of Trust. No alteration of or amendment to this Deed of Trust shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. Annual Reports. If the Property is used for purposes other than Trustor's residence, Trustor shall furnish to Lender, upon request, a certified statement of net operating income received from the Property during Trustor's previous fiscal year in such form and detail as Lender shall require. "Net operating income" shall mean all cash receipts from the Property less all cash expenditures made in connection with the operation of the Property. Caption Headings. Caption headings in this Deed of Trust are for convenience purposes only and are not to be used to interpret or define the provisions of this Deed of Trust. Merger. There shall be no merger of the interest or estate created by this Deed of Trust with any other interest or estate in the Property at any time held by or for the benefit of Lender in any capacity, without the written consent of Lender. Governing Law. With respect to procedural matters related to the perfection and enforcement of Lender's rights against the Property, this Deed of Trust will be governed by federal law applicable to Lender and to the extent not preempted by federal law, the laws of the State of Nebraska. In all other respects, this Deed of Trust will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the State of South Dakota without regard to its conflicts of law provisions. However, if there ever is a question about whether any provision of this Deed of Trust is valid or enforceable, the provision that is questioned will be governed by whichever state or federal law would find the provision to be valid and enforceable. The loan transaction that is evidenced by the Note and this Deed of Trust has been applied for, considered, approved and made, and all necessary loan documents have been accepted by Lender in the State of South Dakota. Joint and Several Liability. All obligations of Borrower and Trustor under this Deed of Trust shall be joint and several, and all references to Trustor shall mean each and every Trustor, and all references to Borrower shall mean each and every Borrower. This means that each Trustor signing below is responsible for all obligations in this Deed of Trust. No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Deed of Trust unless such waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Deed of Trust shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Deed of Trust. No prior waiver by Lender, nor any course of dealing between Lender and Trustor, shall constitute a waiver of any of Lender's rights or of any of Trustor's obligations as to any future transactions. Whenever the consent of Lender is required under this Deed of Trust, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. Severability. If a court of competent jurisdiction finds any provision of this Deed of Trust to be illegal, invalid, or unenforceable as to any person or circumstance, that finding shall not make the offending provision illegal, invalid, or unenforceable as to any other person or circumstance. If feasible, the offending provision shall be considered modified so that it becomes legal, valid and enforceable. If the offending provision cannot be so modified, it shall be considered deleted from this Deed of Trust. Unless otherwise required by law, the illegality, invalidity, or unenforceability of any provision of this Deed of Trust shall not affect the legality, validity or enforceability of any other provision of this Deed of Trust.