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in as amount at least equal to the <br />will at a minimum, cover losses ex <br />Trustogal will obtain and keep fla, <br />of 1968, as amended, and by rage <br />by Trustarll or by any insurer, fc <br />3. To keep all buildings, fixtures, <br />maintenance, and condition and in <br />enter upon the property to mspec' <br />4. In the event Theaterls) fails to <br />buildings, fixtures, attachments, o <br />or provide insurance, maintenan0 <br />immediately due and payable and <br />The ec vancomert by Beneficiary r <br />of Beneficiary's other rights and r <br />6. In the event Beneficiary is a p <br />enforce this Trust Dead or any sr <br />may incur expenses and advance <br />other charges and any amounts s <br />bear interest at the default rate pi <br />6. Any awards made to Ti <br />hereby authorized to collect and <br />7. In the event of tlefault in the pa' <br />to perform or observe any coves <br />proceedings is brought under any <br />due and payable and the whole wit T extes to exercise the <br />Beneficiary, may foreclose the Tn <br />of a Receiver upon ex parts applic <br />to discharge the indebtedness se <br />....in,ed as a waiver thereof an <br />W <br />To <br />or <br />or <br />200404404 <br />sser of the loan balance, the actual cash value of the <br />aid by fire, lightning, explosion, riot, aircraft, vehicles, v <br />insurance in force to cover losses by flood as required <br />Ions implementing the same. Trustors) further agree d <br />vhatever reason, to obtain and keep this insurance In I <br />tachnionts, and other improvements now on or hereof <br />,either commit nor permit any acts of waste or any an <br />'e same or to perform any acts authorized herein or in <br />r any liens, judgments, assessments, taxes, rents, fees <br />nprovements as provided herein or in the loan agr.am.n <br />o <br />repairs and any amounts said therefor will become <br />at interest at the default rate provided in the hotels) or <br />any such amounts will In no manner limit the right of Be <br />redies. <br />y to any litigation affecting the property or the lien of <br />in which Beneficiary is named a defendant (including <br />iyments for abstract fees, attorneys fees Ito the exten <br />advanced will become part of the princi al indebtednes <br />flood in the notes) or credit agreement Pa) from the del <br />or their successors by the exercise of eminent tlomair <br />A, the same in payment of any indebtedness, mature <br />lent when due of any sums secured hereby (principal, In' <br />its and condition, contained herein, in the note(s), c <br />nucptcy laws, Beneficiary, at its option, may declare ti <br />year interest etthe default rate as provided in the oolels) <br />in art n mat angrnnnedmvtletl by aw for the tarecl06 u to <br />eht cast of the property, and <br />smoke, windstorm, and hail. <br />National Flood Insurance Act <br />rill pot be liable for any failure <br />Occupied antl in good repair, <br />ie property. Beneficiary may <br />iv insurance an the property, <br />to declare Truatogsl in dalault or exercise any <br />t Deatl. Includinn any action by Beneficiary to <br />ficiary is <br />or failure <br />ce, and Beneficiary will De i nneeo uo a — nu....m deliver to <br />exercise the Power of Sale granted herein, Beneficiary will notify Trustee who will record, pu blish, and <br />ult and Notice of Sala as then required by law and will In the manner provided byy law, sell the property at the time <br />,lice of Sale, either ea a whole or In separate lots, percale, or items antl in such or at ea Trustee will deem expedient. <br />a including Trustarlsl, Trustee, or Beneficiary. <br />a copy of any Notice of Default or Notice of Sale hereunder to be mailed by certified mail to TrustoHa) at the <br />either in person or by agent, with or without bringing any action or proceeding and with or without regard to the value <br />;y thereof to discharge the indebtedness secured hereby, is authorized and entitled to enter upon and take possession <br />is or in the name of the Trustee and do any acts or expend any sums it deems necessary or desirable to protect or <br />,it y or any interest therein, or increase the income therefrom; and with or without taking possession of the property <br />it !as collect the rents, issues, crops, profit-, an income thereof, including those past due and unpaid, and apply <br />rss securetl hereby or in ' loan agreamentis). <br />eon or reserve tl to Trustee or Beneficiary is imontlad to be exclusive of any other remedy herein or by law provided <br />;u clerics, will be in atltlition to every other remetly given hereunder or now or hereafter existing at law or in equity <br />rcised concurrently, India endently or successively, <br />that the tluties antl obligations of Trustee will be tletermined solely by the express provisions of this Trust Deed or <br />antl Trustee will not be liable except for the performance of such duhos and obligations as are - pacifically set fortM1 <br />ants or obligations will be imposed upon Trustea; Trustee will not be liable for any action by it In go ad faith antl <br />authorizetl or within the discretion or rir3 Ma of powers conferred upon it by [his Trust Deed or state law. <br />ibility of Trustarlsl constitutes a per[ of [he consideration for the obhgationa securetl hereby. Should Trustarlsl sell, <br />ty tlescribed herein, without prior written consent of Beneficiary, Beneficiary, at its option, may declare the entire <br />and payable and may proceed in the an isrcemam of its rights as ra any other default. <br />tiding Proceeds of Mineral Leases. Trustar( sl hereby assigns, transfers, and conveys m Beneficiary all rents, royalties, <br />other proceeds tM1ai may from time na time become due antl Payable under any reel estate lease or untler any ml, Bas, <br />lease of any kind including geothermal resources now existing or Ihnl may hereafter came into existence, covering <br />Of. All such sums ., receivetl by Beneficiary will ba applletl [o the Indebtedness secured hereby; or Beneficiary, at <br />ialivw to TrustarI a) or their successors in interest, any or all of suoh sums without prelutlice to env hf Bonetruadyto <br />'ants totaxa ..... _. ...._ <br />'e a provision fm the payment or reduction of the ebt subject m the BenoficiarY s option as ereln <br />aroperty. Upon payment in Lull of the debt and the reconveyane¢ of this Trust Deed of record, this assignment will become inoperative and of no <br />farther force and effect ¢men' with rss act to all the property tlescribetl herein. <br />14. This Trust Deed constitutes a Security Ayre p <br />15. The covenants containetl In this Trust Deed will be deemed to be severable; in the event that any portion of this Trust Deed is determined to <br />be valid or unenforceable, that tletermination will not affect the vaitli[y of the remaining p/rtJions of the Trust Deatl. <br />eyto �ob� —� era o <br />INDIVIDUAL BORROWER ACKNOWLEOOMENT <br />STATE OF NEBRASKA ss <br />COUNTY OF HAS' ) <br />On this day of April 2004 , before me, a Notary Public, ��/�o/�Ila�glee�Caoblr <br />Clayton W. Robb, a /k /a C. William Robb, and Carla K. Robb hus an and e <br />to me known to be the personls) named in and who executed the foregoing instrument, no acknowledged that they executed the same as <br />their voluntary act and deed. <br />GENERAL NOTARY- State of Nebraska - NJw�.Z"_ <br />seas SEAL) KATHERINE S. SCHULTE <br />My comm. Exp. May 23, 2005 <br />(Type name under signature) <br />My commission expires Notary Public in and for said County and State <br />STATE OF NEBRASKA ) <br />) as <br />COUNTY OF HALL ) <br />On this 30th day of April;:, 2004, before me, a Notary Public, personally appeared Greg W. <br />Robb to me known to be the person who executed the foregoing instrument on behalf of, and <br />is attorney-in-fact for, Clayton W. Robb (principal), and said individual acknowledged that <br />he /she executed the same as the v 1 act and deed of said principal. <br />GENERAL NOTARY -SW of Nebraska <br />(SEAL) KATHERINE s. SCHULTE r) -Ji ��`� <br />My Comm. Exp. May 2A 2005 ri <br />t Bne c to <br />My cofmnission ex es Notary Public in & for said County & State <br />10341210; Primary Customer ID 4: 00110750; CIF F: 1 <br />5011, Trust Deed and Assignment of Rents <br />-¢gar <br />April <br />Page 2 <br />