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or 200401938 and to neither commit nor permit any acts of waste ar any impairment of the value of the property. Beneficiary may ,spent the same ar to perform any acts authorized herein or in the loan agreemen(s). its to pay any lien, in gments, assessments, taxes, rents, fees, or charges. or maintain any insurance o o the property, y such amounts will in no manner limit the right or aanenp..ry is peen, nuaw. wr .n u ........ ...... - - -••. -. __.._.._._., _ _..._. es. Beneficiary is a party to any litigation affecting the property or the lien of this Trust Deed, including any action by Beneficiary to it Deed or any suit in which Beneficiary is named a defendant (including condemnation and bankruptcy proceedings) Beneficiary sea and advance payments for abstract fees, attorneys fees (lo the extent allowed by law), costs, exppenses, appraisal fees, and �d any amounts so advanced will become part of the principal indebtedness secured hereby, be immediately due and payable and he default rate provided In the note($) from the data of advance until paid. made to Treaters) or their successors by the exercise of eminent domain are hereby ..signed to Beneficiary; and Beneficiary is it to collect and apply the same in payment of any indebtedness, mature or unmamretl, secured by this Trust Dead. f default in the payment when due of any sums secured hereby (principal, interest, advancements, or protective advances), or failure Ierve any covenant. and conditions contained herein, in the note(s), loan agi eement(s), or any then instruments, or any proceedings any Bankruptcy laws, Beneficiary, at its option, may declare the entire indebtedness secured hereby to be immediately due and whole will bear interest at the default rate as provide tl in the notes) and Beneficiary may tmmediate%y authorize Trustee to exercise a granted herein in the manner provided in the Nebraska Trust Deeds Act, or, at the option of the Beneiciary, may foreclose the , manner provided by law for the foreclosure of mortgages on real property, including the appointment of a Receiver upon ex parts ce being hereby expressly wafted, without regard to the value of the property or the sufficiently thereof to discharge the :ured hereby or in the loan agreement(s). Delay by Beneficiary in exercising its rights upon default will not be construed as a waiver act of Beneficiary waivingg anV specified default will not be construed as a waiver of any future default. If the proceeds under such re are insufficieni to pay the total indebtedness secured hereby, Trustods) do hereby agree to be personally bound to pay the unpaid isficiary will be entitletl to a tleficiencV judgment. liciary elect to exercise the Power of Sale granted herein, Beneficiary will notify Trustee who wywill record, publich, and deliver to Votice of Default and Notice o1 Sale as then required by law and parcels, or Items and in such obtl re s Trustee will Eerem expedient. fixed in [he Notice of sale, either as a whale or in separate lots, p bid at the sale inclutling TrustodsL Trustee, or Beneficiary. meby requests a copy of any Notice of Default or Notice of Sale hereunder to be mailed by certified mail to Trust.,(.) at the forth herein. t, Beneficiary, either in person or by agent, with or without bringing any action or proceeding and with or without regard to the value r the sufficiency thereof to discharge the Indebtedness secured hereby, Is authorized and entitled to enter upon and take possession o its own name or In the name of the Trustee and do any acts or expend any sums it deems necessary or desirable to protect or is of the progeny or any interest therein, or increase the income therefrom; and with or without taking posses.ion of the property sue for or atherwise collect the rants, issues, crops, profits, and income thereof, including those past due and unpaid, and apply my indebtedness secured hereby or In the loan ag d.Aaentll. In conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive of any other remedy herein or by law provided I each will be cumulative, will be in addition to every other remedy given hereunder or now or hereafter existing at law or In equity id may be exercised concurrently, independently or successively . is knowledges that the duties and obligations of Trustee will be determined solely by the express Provisions of this Trust Deed or oat Deeds Act and Trustee will not be liable except for the performance of such duties and obligations as are specifically set forth implied covenants or obligations will be imposed upon Trustee; Trustee will not be liable for any action by it in goo fC faith and ved by it to be authorized or within the discretion or n hts of powers conferred upon it by this Trust Deed or state law. y and responsibility of Trustarls) constitutes a part t the annsitleratipn for the obligations secured hereby. Should Trustor(s) sell, ray the mperty describetl herein, without prior written consent of Beneficiary, Beneficiary, at its option, may declare the entire _._Q. ..... .._. ......ale ,..n mo., ...nnned in me enforcement of its rights as on any other default. Oak, or oiner miners, mesa w a... v „v ,........ n '° ” ' ry, al Tarty or any part thereof. All such sums so received by Beneficiary will be applied to the indebtedness secure era y; or n, may turn over and deliver to Trustorlsl or their successors in interest, any or all of such sums without prejutlice to any of Beneficiary's i take and retain future sums, and without prejudice to any of its other rights antler this Trust Deed. This assignment will be construed to vision for the payment Or reduction of the debt, 8 blect to the Beneficiary s option as he, lobster. provided, independent of the lien on the Upon ayment in full of the debt and the reconveyance of this Trust Deetl of record, this assignment will become Inoperative and of no force an Offset. s Trust Dead constitutes a Security Agreement with respect to all the property described herein. a covenants contained in this Trust Dead will be deemed m be severable; in the event that any portion of this Trust Deed is determined to or unenforceable, that dtermination will not affect the validity of the remaining Portions of the Trust Deed. Woitaszewski Br her Land P rshi A Partnership BY: era �ymy /t�a//a�'zew�$�c. %a a �a�� ✓art natl mt zews I, a one' artner anne[ oitaszews , a�enera /er BY Dann oftaszews I,a era arty fP nor GENERAL PARTNERSHIP BORROWER ACKNOWLEDGMENT STATE OF 1 ss COUNTY OF L, HAL 1 On this 1 —5 II tlay of n Ox o1DD , before me, a Notary Public, personally appeared Jerald D. Woitaszewski to me known to be the person(s) named in and who executed the foregoing instrument, who did say that they are all the partner. of Woitaszewski Brothers Land Partnership , a partnership, and that the Instrument was signed on behalf of the partnership by authority of the partners and the partners acknowledged the execution of the instrument to be the voluntary act and dead of the partnership by it and by them voluntarily exec tad. EDMIWW- 8higfN Nh (SEAL) KAREN NAGEL �� M) CoIMLEO.AIL26.31011 VP-n IIt' (Type name under sig azure) My commission expires Notary Public in and for said County and State GENERAL PARTNERSHIP BORROWER ACKNOWLEDGMENT STATEOF NEBRASKA 1 I as COUNTY OF HALL ) On this I day of before me, a Notary Public, personally appeared Ronald J. Woitaszewski Ap 0 : 00]821]21 Prlmoy :: e;G 10; 10 Y: 000881 a4: CIF Y: 70698 Legal 5.7D., Pobruary 26, 2004 FORM 6011, Trust Dead antl Assignment of Rents Page 2