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(c) The repayment in full by Trustor(s) of all amounts advanced by Beneficiary at its option, to or on behalf of TruMor(s) as protective advances authorized herein, in the loan agreement(s), or In other instnrment(s) which evidence ouch advances, plus interest on all such advances, payable as provided in the note(a). loan agreement(s), or other insuument(a). fd) The payment in full of any and all other past, present, or frzture, direct or contingent, debts and Ilaoifittes of Trustor(s) to Beneficiary of any nature whatsoever. Th(a Trust Deed will be due J nua 6 1 or upon the payment In full of all sums secured hereby. Truster(s) hereby warrants that Trustor(s) holds fee simple title to the above described property; that Trustor(s) has good and lawful authority to deed and encumber the same, that the property is free and cleer of a!1 Mons and erm m krances, except encumbrances of record, and that Trustor(s) will warrant Arid defend the property, at Trustor(s) expense, agairrat all claimants whomsoever. Trustor(s) also hereby waives and relinquiehae all rights of dower, homestead, distributive share, and exemption in and to the abovi d-scribed property. Truatorfs) and each of them further eovenante and agross with k%neflodary an follows: 1. To pay all liens, judgments, or other assessments against the property, and to pay when due all assessments, taxes, rents, fees, or shames upon the property or under any lease, permit, license, or privilege assigned to Beneficiary as additional security to this Trust Deed, including those in or on public domain. ! 2. To insure and keep Ineurad buildings and other Irnprovemento Including fixtures and attachments now on or hereafter placed on the property to the satisfaction of Beneficiary. Such Insurance will be approved by and deposited with 8onetidary, and endorsed with loss payable clause to Beneficiary. Any sums so received by Beneficiary may be used to pay for reconstruction of the destroyed Improvements or If not so applied may be applied, at the option of Beneficiary, in payment of arty indebtedness matured or unmetured secured by this Trust Deed. 3. To keep all buildings, fixtures, attachments, and other improvements now on or hereafter placed on the property occupied and in good repair, mointertance, and condition and to naither commit nor parmit any acts of waste or any impairment of the value of the property. Beneficiary may enter upon the property to inspect the some or to perform any acts authorized herein or in the loan agresenont(s). 4. In the event Trustor(s) fails to pay any liens, judgments, assessments, taxes, rents, fees, or charges or maintain any Insurance on the property, buildings, fixtures, attachments, cr improvements as provided herein or in the loan agreement(s). Beneficiary, at its option, may mate such payments or provide insurance, maintenance, or repairs and any amounts paid therefor will become part of the principal indebtedness. secured hereby, be immodiately due and payable and bear interest at the default rate provided in the note(s) from the date of payment until paid. The advancement by Beneficiary of any such amaunte will in no manner limit the right of Beneficiary to declare Trustor(s) in default or exercise any of Beneficiary's other rights and rentsdias. 6. In the event Baneficisry is a party to Any litigation affecting the property ot- the lien of this Trust Deed, including any action by Beneficiary to .j enforce this Trust Deed or any cult 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 snd 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 note(s) from the date of advance until paid. 6. Any awards made to Trustor(s) or their successors by the exercise of eminent derrimn are hereby assigned to Beneficiary; and Beneficiary, is hereby authorized to collect and apply the same in payment of any indebtedness, meture or un matured, secured by this Trust Dead. 7. In the event Truntor(s) defaults in the payment when due of any sums secured hereby (principal, Interest, advancements, or protective advances), or fails to perform or observe any covenants and conditions contained herein, in the note(s), loan agreement(s), or any other instruments, or any proceedings is brought by or against Trustor(s) 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 beer interest at the default rate as provided In the note(s) and Beneficiary may immediately authorize Trustee to exercise the Power of SJe 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 tho property or the sufficiently thereof to discharge the indebtedness secured hereby or in the loan egreement(a). 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, Trustor(a) do hereby agtee to be parsonally bound to pay the unpaid balance, and Beneficiary will be entitled to a deficiency judgment. S. 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 in separate lots, parcels, or items and in such order as Trustee will doom expedient. Any person may bid at the sale including Trustor(s), Trustee, or Beneficiary. 9. Trustor(s) hereby requests a copy of any Notice of Default yr Notice of Sale hereunder to be mailed by certified mail to Trustor(s) et the address(es) set forth herein. 10. Upon default, Beneficiary, either in person or by agt- t, 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 neuassary 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 permitted, but each will be currilative, will be in addition to every other remedy given hereunder or now or hereafter aldsting 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 Dead or the Nebraska Trust Deeds Act and Trustee will not be liable except for the performance of such duties and obligations as are specifically got forth therein, and no implied 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 convened upon it by this Trust Deed or state low. 12. The integrity and responsibility of Trustor(s) constitutes a part of the consideration for the obligations secured hereby. Should T►ustor(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 dun 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. Trustor(s) hereby assigns, transfers, and conveys to Beneficiary all rents, royalties, bonuses, and delay moneys or other proceeds that may from time to.ti(ns 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, covering the property or any pert 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 Trustor(s) or their successors in interest, any or all of such sums without preiudice to any of 0sueficlery'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 herolnbefors provided, Independent of the lien on the property. Upon payment in full of the debt and the reeorhwyance of this Trust Deed of record, this assignment will become inoperative and of no further force and effect. 14. This Trust Dead constitutes a Security Agreement with respect to all the property described herein. 15. The covenants contained in this Trust Dead will be doomed to be severaMe; in the event that any portion of this Trust Deed is determined to be volt nr unenforceable, that determination will not affect the validity of the remaining portions of the Trust Deed. Ap 00056917; Primary Customer 10 F. 00050309. OF R: 38193 Legal Doc. beta: December 28, 1995 FrSM 5011 Trust Deed and Assignment of Rents Page 2