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99 ios � 4� 5. In the event Beneficiary is a party to any litigation affecting the property or the lien of this Trust Deed, including any action by Beneficiary to enforce this Trust Deed or any swt in which Beneficiary is named a defendant(including condemnation and bankruptcy proceedings) Beneficiary may incur expenses and advance payments for abstract fees, attorneys fees (to the extent allowed by law►, costs,expenses, appraisal fees, and other charges and any amounts so advanced will become part of the principal indebtedness secured hereby, be immediately due and payable and bear interest at the default rate provided in the notels) from the date of advance until paid. 6. Any awards made to Trustor�s) or their successors by the exercise of eminent domain are hereby assigned to Beneficiary; and Beneficiary is hereby authorized to collect and apply the same in payment of any indebtedness, mature or unmatured, secured by this Trust Deed. 7. In the event of default in the payment when due of any sums secured hereby(principal,interest,advancements,or protective advances►,or failure to perform or observe any covenants and conditions contained herein,in the notelsl,loan ayreement(s),or any other instruments,or any proceedings is brought under any Bankruptcy laws, Beneficiary, at its option, may declare the entire indebtedness secured hereby to be immediately due and payable and the whole will bear interest at the default rate as provided in the notels)and Beneficiary may immediately authorize Trustee to exercise the Power of Sale granted herein in the manner provided in the Nebraska Trust Deeds Act, or, at the option of the Beneficiary, may foreclose the Trust Deed in the manner provided by law for the foreclosure of mortgages on real property, including the appointment of a Receiver upon ex parte application, notice being hereby expressly waived, without regard to the value of the p�operiy or the sufficiently thereof to discharge the indebtedness secured hereby or in the loan agreementls►. Delay by Beneficiary in exercising its rights upon default will not be construed as a waiver thereof and any act of Beneficiary waiving any specified default will not be construed as a waiver of any future default. If the proceeds under such sale or foreclosure are insufficient to pay the total indebtedness secured hereby,Trustorls)do hereby agree to be personally bound to pay the unpaid balance, and Beneficiary will be entitled to a deficiency judgment. 8. Should Beneficiary elect to exercise the Power of Sale granted herein, Beneficiary will notify Trustee who will record, publish, and deliver to Trustor�s) such Notice of Default and Notice of Sale as then required by law and will in the manner provided by law, sell the property at the time and place of sale fixed in the Notice of Sale,either as a whole or m separate lots,parcels,or items and in such order as Trustee will deem expedient. Any person may bid at the sale including Trustorls►, Trustee, or Beneficiary. 9. Trustorls) hereby requests a copy of any Notice of Default or Notice of Sale hereunder to be mailed by certified mail to Trustor(s) at the address(es) set forth herein. 10. Upon default,Beneficiary,either in person or by agent,with or without bringing any action or proceeding and with or without regard to the value of the property or the sufficiency thereof to discharge the indebtedness secured hereby, is authorized and entitled to enter upon and take possession of the property in 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 Preserve the value of the property or any interest therein,or increase the income therefrom; and with or without taking possession of the property is authoriz?d to sue for or otherwise collect the rents, issues, crops, profits, and income thereof, including those past due and unpaid, and apply the same upon any indebtedness secured nereby or in.F�a ioon ag:eament;s). No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive of any other remedy nerein ur by�aw�,ra;;idad or permitted, but each will be cumulative, will be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute, and may be exercised concurrently, independently or successively. 11. Trustor�s) acknowledges that the duties and obligations of Trustee will be determined solely by the express provisions of this Trust Deed or the Nebraska Trust Deeds Act and Trustee will not be liable except for the performance of such duties and obligations as are specifically set forth therein, and no implied covenants or obligations will be imposed upon Trustee; Trustee will not be liab�e for any action by it in good faith and reasonably believed by it to be authorized or within the discretion or nghts of powers conferred upon it by this Trust Deed or state law. 12. The integrity and responsibility of Trustorls) constitutes a part of the consideration for the obligations secured hereby. Should Trustor(s)sell, transfer, or convey the property described herein, without prior written consent of Beneficiary, Beneficiary, at its option, may declare the entire indebtedness immediately due and payable and may proceed in the enforcement of its rights as on any other default. 13. Assignment of Rents including Proceeds of Mineral Leases. Trustorls)hereby assigns,transfers,and conveys to Beneficiary all rents,royalties, bonuses,and delay moneys or other proceeds that may from time to time become due and payable under any real estate lease or under any oil,gas, gravel, rock, or other mineral lease of any kind including geothermal resources now existing or that may hereafter come into existence, covenng the property or any part thereof. All such sums so recerved by Beneficiary will be applied to the indebtedness secured hereby; or Beneficiary, at its option, may turn over and deliver to Trustor�s)or their successors in interest, any or all of such sums without prejudice to any of Beneficiary's rights to take and retain future sums, and without prejudice to any of its other rights under this Trust Deed. This assignment will be construed to be a provision for the payment or reduction of the debt,subject to the Beneficiary's option as hereinbefore provided, independent of the lien on the property. Upon payment in full of the debt and the reconveyance of this Trust Deed of record, this assignment will become inoperative and of no further force and effect. 14. This Trust Deed constitutes a Security Agreement with respect to all the property described herein. 15. The covenants contained in this Trust Deed will be deemed to be severable; in the event that any portion of this Trust Deed is determined to be void or unenforceable,that determination will not affect the validity of the remaining portions of the Trust Deed. GWYNNE A KUHN TRUST B • � - , rustee TRUSTEE AL`KMf3WtfDGTAEhT STATEOF NEBRASKA � 1 ss COUNTY OF HALL � On this23rd day of June , 19 99 before me a Notary Public, personally appeared Gwynne A. Kuhn Trusteels) for nn�. Kuhn �YUSt to me known to be the personls) named in and who executed the foregoing instrument d acknowledged that s e executed the same as heY voluntary act and deed as such Trustee(s) for the purposes therein ment' . 1 S EA L► BENERAL MOi�IRY-�tMt of Nllfdlu ' _ �� pp�,p L p�q� o a . eiser �(�.�.M�11.� (Type name under signaturel My commission expires Nov. , Notary Public in and for said County and State i� i� •o ' , . Ap #:00172596; Primary Customer ID il: 00005822; CIF �J: 6312 Legal Doc. Date:June 23, 1999 FnRM 5M 1 Trust I�aari anri Asainnmant nf Rwntc Paae 2