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on public domain. 204344130 2. To insure and keep insured buildings and other Improvements 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 Beneficiary, 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 any indebtedness matured or monatured secured by this Trust Deed Such insurance will be In an amount at least equal to the lesser of the loan balance, the actual cash value of the collateral, or the replacement cost of the property, and will at a minimum, cover losses caused by fire, lightning, explosion, riot, aircraft, vehicles, vandalism, civil commotion, smoke, windstorm, and hail. Trustorls) will obtain and keep flood insurance in force to cover losses by flood as required by Beneficiary and by the National Flood Insurance Act of 1968, as amended, and by regulations implementing the same. Trustorls) further agree that Beneficiary is not and will not be liable for any failure by Trustorls) or by any insurer, for 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, alntenance, and condition and to neither commit nor permit any acts of waste or any impairment of 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 loan agreementlsl. 4. In the event Trustorls) fails to pay any liens, judgments, assessments, taxes, rents, fees, or charges or maintain any insurance on the property, buildings, fixtures, attachments, or improvements as provided herein or inthe loan agreementlsl Beneficiary, at its option, 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) 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 Trustorls) in default or exercise any of Beneficiary's other rights and remedies, S. 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 lincluding condemnation and bankruptcy proceedings) Beneficiary may Incur expenses and advance payments for abstract fees, attorneys fees Ito 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 Trustorls) 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 hotels), loan afire ends), 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 notaid 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 agreementlsl. 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(s) 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 Trustorls) 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 person may bid at the sale including TrustogsL 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 Trusmrn) at the addresslesl 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 o me or in the name of the Trustee and do any acts o 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 agementlsl. No remedy herein conferred upon or re 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 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. Trusters) acknowledges that the copies 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 set 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 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 Trustorls) 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, 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 Trustorls) 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 Ilan 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 coverants contained in this Trust Deed will be deemed to be severable; in the event that any portion of this Trust Dead is determined to be void or unenforceable, that determination will not affect the validity of the remaining portions of the Trust Deed. H INDIVIDUAL BORROWER ACKNOWLEDGMENT STATE OF NEBRASKA 1 1 as COUNTY OF PAT .T. 1 On this Vo day of January , 2003_, before me, a Notary Public, personally appeared Harlon T Ken And Carol T K a/k/ Carol KPDyoi Imigh,,nd ind urifu, to me known to be the personlsl named in and who executed the f egoing instrument, and acknowledged that titE }r executed the same as their voluntary act and eESALNOTASY -State d NebNSke KATHEPINE S. SCNULTE A1yCOme. fly. May 23, 2085 Katherine S. Schulte My coffmission expir a- Notary Public in & for said County & State Ap #: 00285745; Primary Customer ID #: 00017914; OF #: 38277 Legal Doc. Date: January 06, 2003