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200411512 be applied, at the option of Beneficiary, in in an amount at least equal to the lesser oT I dod, as amended, and by regulations implementing the same. I restons) further agree that benenciary is not and will not be liable for any (allure by Trustorlsl or by any insurer, far whatever reason, to obtain and keep this insurance in force. 3. To keep all buildings, fixtures, attachments, and other improvements now on or hereafter placed on the property occupied and In good repair, maintenance, and condition and to neither commit nor permit any acts of waste or any impairment at the value of the property. Beneficiary may enter upon the property to inspect the same or to perform any acts authorized herein or In the credit agreementlsl. 4. In the even[ Trustorlsl fails to pay any liens, judgments, assessments, taxes, rents, fees, or charges or maintain any insurance on the property, buildings, fixtures, atachments, or improvements as provided herein or in the loan agreementlsl Beneficiary, at its nation, may make such payments or provide Insurance, maintenance, or repairs and any amounts paid therefor 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) or credit agreementlsl from the date of payment until paid. The advancement by Beneficiary of any such amounts will in no manner limit the right of Beneficiary to declare Trustorlsl in default or exercise any of 8eneficimy's other rights and remedies. 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 suit in which Beneficiary is named a defendant (including condemnation and bankruptcy proceedings) Beneficiary may incur expenses and advance payments for abstract fees, attorneys fees Ito the extent allowed by law), costs, expo se appraisal and im other charges and any amounts so advanced will become part of the principal indebtedness secured hereby, be medlately d due and payable and bear interest at the default rate provided in the notels) or credit agreementlsl from the date of advance until paid. 6. Any awards made to Tructogs) or their successors by the exercise of eminent domain are hereby assigned to Beneficiary; and Beneficiary is hereby authonzed to collect and apply the same in payment of any indebtedness, mature or annotated, secured by this Trust Deed. T. 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 notels), credit agreementlsl or any other instruments, r any proceedings is brought under any Bankruptcy laws, Beneficiary, at its option, may declare the entire'mdebtednesssacured hereby to be immediately due and payable and the whole will bear interest at the default rate as provided in the notes) or credit agreementlsl 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 parts application, notice being hereby expressly waived, without regard to the value of the property or the sufficiently, thereof to discharge the indebtedness secured hereby or in the loan agreements). 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, Trustorlsl 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 I ruster(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 in separate lots, parcels, or items and in such order as Trustee will deem expedient. Any parson may bid at the sale including Trustorlsl, Trustee, or Beneficiary. 9. Trustorlsl hereby requests a copy of any Notice of Default or Notice of Sale hereunder to be mailed by certified mail to Truetor(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 at the property In its own name or In the name at 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 authorized 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 hereby or in the loan agreement(s). No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive of any other remedy herein or by law provided or carmi0.ed, but each will be ciasubh rye, will be m 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. Trustorlsl 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 mplled covenants or obligations will be Imposed upon Trustee; Trustee will not be liable for any action by It in good faith and reasonably believed by it to be authorized or within the discretion or rights of powers conferred upon it by this Trust Deed or state law. 12. The integrity and responsibility of Trustogs) constitutes a part of the consideration for the obligations secured hereby. Should Trustorlsl sell, transfer, or vey 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. Trustogsl 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, graval, rock, or other mineral lease of any kind including geothermal re existing or that may hereafter come Into existence, covering the property or any part thereof. All such sums so received by Beneficiary will be applied to the indebtedness secured hereby; or Beneficiary, at Its option, may turn over and deliver to Tructord) or their successors in interest, any or all of such sums without prejudice to any of Beneficiary's rights to take and retain future s' s, 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 herembefore provided, independent of the lien on the �uoperty. Upon payment in full of the debt and the reconveyance of this Trust Deetl of record, this assignment will become Inoperative and of no rther force and effect. 14. This Trust Deed constitutes a Security Agreement with respect to all the property described hereln. 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 une fordeabfe, that deturrony( ion will not affect the validity of the remaining portions of the Trust Deed. STATE OF PLN'NSYLVAi as CDthis oD�F.�,y , l �n ) On this '& day of NoVP3gbeT 2004 , before me, a Notary Public, personally appeared Gene K. Cangwish and Carol J. G,angwi sh, husband and wife to me known to be the demonist named in and who executed the foregoing instrument, and acknowledged that they executed the same as Chet r voluntary act and deed. (BEAU 01A I IA SFAL Megan T. McClain. Notary Public City of Harrisburg. Dauphin County My rmuminon expires November 18, 2006 My commis ion expires L6Mr�w— M<<lach (Type name and , and) Notary Public In and for said County and State Ap #: 0035)68]; Primary Customer ID #:00063589; OF #: 38220 Legal Doc. Date: November 22, 2004 FORM 5011, Trust Deed and Assignment of Rents Page 2 0,-11-L L� .) c. dock ,y anywlsTi v Carol J urogwisTt —V INDIVIDUAL BORROWER ACKNOWLEDGMENT STATE OF PLN'NSYLVAi as CDthis oD�F.�,y , l �n ) On this '& day of NoVP3gbeT 2004 , before me, a Notary Public, personally appeared Gene K. Cangwish and Carol J. G,angwi sh, husband and wife to me known to be the demonist named in and who executed the foregoing instrument, and acknowledged that they executed the same as Chet r voluntary act and deed. (BEAU 01A I IA SFAL Megan T. McClain. Notary Public City of Harrisburg. Dauphin County My rmuminon expires November 18, 2006 My commis ion expires L6Mr�w— M<<lach (Type name and , and) Notary Public In and for said County and State Ap #: 0035)68]; Primary Customer ID #:00063589; OF #: 38220 Legal Doc. Date: November 22, 2004 FORM 5011, Trust Deed and Assignment of Rents Page 2