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&D3W 3 S1--7 preflts, and rights to possession; all oil, gas, gravel, rack, or other minerals of whenever nature, including gyeothermal resources; all personal property that may integrally belong to or herealter become an integral part of the real estate whether attached or tlet d,la d, including any appurtenances and accoutrements of any structure or residence secured hereby, easements and other rights and interests now or at any time hereafter splurging to a Ia any way pertaming In he property, whether or not specifically described herein; all above and belaw ground irrigation equipment and accessories and all leases, pare", licenses, or privileges, psnumant at nonappurtenut to the property, now or hereafter issued, extended or renewed by Treaters), any Brady, the United States, or any department, bureau, Instrumentality, or agency thereof. The foregoing Is collectively referred to in this document as the "property." It Is ne arstood and agreed between Trustorlsl and Beneficiary that this Trust Deed is given to secure the repayment In full of the following described promissory hotels), d all future and atldrtional loans o advances, protective or otherwise, which may by made by Beneficiary, at its option, at the request of, and to or for the account of Tendons), o any of them, for any purpose, plus interest thereon, all payable according to the terms of the note(s) or uther instruments) modifying the same. Date of Note Princi I Amount ,a oo. b— cum of AT ANY TIME, WHL1 HLIV UN NU I I HIE I V I leffsk.irraL twos.I curve.. e.1— nrra ocory nurn,w�... This Trust Deed will be due March 01 201 B. Trustorlsl hereb warrants that Trustorlsl holds fee simple title to the above described property, that Trustorlsl has good and lawful authority to wr deed and ensue. a the same, that the property Is free and clear of all liens and is who soev ices, , Fros encumbrances here of record, and that lin l fishes .11 at will warrant and defend the property, ve Trustorlsl expense, against n I and all claimants whomsoever. Trustorlsl also hereby waives and relinquishes all rights of dower, homestead, distributive share, and exemption in and to the above described property. Trustads) and each of them further covenants and agrees with Beneficiary as follows: 1. To pay all liens, judgments, at other assessments against the property, and to pay when due all assessments, taxes, rents, fees, or charges upon the property or under any lease, permit, license, or privilege assigned m Beneficiary as additional security to this Trust Heed, including those in or on public domain. 2. To insure and keep insured buildings and other Improvements including fixtures antl attachments now on or hereafter placed on the property to the satisfaction of Beneficiary. Such insurance will be approved by and deposited wibr Beneficiary, and endorsed with loss payable clause to Reneflclary. Any sums so received by Beneficiary may he uaed to pay for reconstruction of the destroyed improvements or it not so applied may be applied, at the option of Beneficiary, in payment of any indebtedness matured or unmatmed secured by this Trust Deetl, 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, ewer losses caused by fire, Ilghtn'mg, explosion, riot, aircraft, vebioles, vandalism, civil commotion, smoke, windstorm, and hail. Trustorlsl will al laln 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. Treaters) further agree that Beneficiary is not and will not be liable fur any failure by Trustorlsl or by any Insurer, for whatever reason, to obtain and keep this insurance In force. 3. To keep all building,, ffxmres, attachments, and other improvements now on er 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 of the value of the property. Berudusary may enter upon the property to inspect the same or to perform any acts authorized herein or In the loan agreementfsl. 4. In the event Trustorlsl falls to pay any liens, judgments, assessments, razes, rents, fees, or charges or maintain any insurance on the property, b gs, uildin fixtures, attachments, or Improvements as provided sfo eln or In the loan agreementfsl, Beneficiary, at its option, may make such payments or provide Insurance, maintenance, or repalrs 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 notelsl frnnr 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 Beneficiary's other rights and remedies. 5. In the event Beneficiary is a party to any litigation affecting the property or the lien of this Irest Deed, including any action by BenoflnlerV to enforce this Trust Deed or any suit In which Reneflclary 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, expenses, appraisal fees, and other ahargos 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 Trustorlsl or their successors by the e rlise of eminent domain are hereby assigned to Beneficiary; and Beneficiary Is xe hereby authorized to collect and apply the same In payment of any indebtedness, mature or matured, secured by this Trust Deetl, ]. In the event of default in the payment when due of any sums scoured hereby mrinnlpal, Interest, advancements, or protective advances), or failure to perform or observe any covenants and conditions cunla'umd Iwrcre, In the notelsl, Ivan agreementls), 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 IIn tedlately due and payable and the whole will bear Interest at the default rate as provided in the hotels) and Beneficiary may immediately authorize Trustee to exercise the Power of Sale granted herein in the manner provided In the Nahraska Trust Deeds Act, or, at the option of the Beneficiary, Fray moulose 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 bound hereby expresaly waived, without regard to the value of the properly or the sufficiently thereof to dlarharge the Indebtedness secured hereby or in the loan agreementfsl. 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 cute ar loroelosure are insufficient to pay the total indebtedness secured hereby, T ruslurba do hereby agree to be personally bound to pay the unpaid balance, and Beneficiary will he entitled to a deficiency judgment. R. Should Renefiriary elact to exercise the Power of Sale granted herein, Beneficiary will notify Trustee who will record, publish, and deliver to Trustorlsl such Notice of Default and Notice of Sale as then required by law and will In the manner provided by law, sell the properly at the time and place of sale fixed in the Notice of Sale, either as a whale or in separate lots, parcels, er items and in such order as Trustee will deem use'dreNt Any person may bid at the sale including Inexteds), Trustee, or Beneficiary. 9. Trotters) hereby requests a copy of any Notice of Cl or Notice of Sale hereunder to be mailed by certified mail to Trustoda) at the re dressIrel set forth herein. 10. Upon default. Beneficiary, either In parson 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 awn name er in the name of the Trustee and do any acts or expend any some It deems necessary or desirable to protect or preserve the value of the property or any interest therein, or increase tiro income therefrom; and with or without taking possession of the property ( uethmoed to s e 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 ayreementfsl. No ne.num, herein conferred open er reserved to Trustee or Beneficiary is intended to he exclusive of any other remedy herein or by law provided m 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 he exemised concurrently, independently or sec c esswely. 1. 1 Trustorls) acknowledges that the duties and obligations of Trustee will be determined solely by the expreeS 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 forth and reasonably believed by it to be authorized or within the discretion er rights of powers conferred upon It by this Trust Dead or state law. 12. The integrity and responsibility of 1 rusturlsl constitutes a part of the consideration for the obligations secured horahV. Should Trustorlsl sell, transfer, er convey the property described herein, without prior written consent of Beneficiary, Beneficiary, at to option, may declare the mile 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. Trustorlsl 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, rank, or other mineral lease of any kind including geothermal resources new xisting 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 Ap ff 00264285; Primary Customer ID N: 00029159; CIF p: 65319 legal Doc. Date: January 09, 2003 FORM 5011, Trust Deed and Assignment of Rents Page 2