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�,wjo- 00300928 ZLV3(i 35-F profits, and rights to possession; all ail. gas, gravel, rock, or other minerals of whatever nature, including geothermal resources; all personal property that may Integrally belong to or hereafter become an Integral part of the real estate whether attached or detached, Including any appurtenances and accoutrements of any structure or residence secured hereby; easements and other rights and Interests now or at any time hereafter befunyiny to any we, pertaining to the property, whether or not specifically descnbed heroin: all above and below ground irrigation equipment antl or accessories; and all leases, reports, licenses, r privileges, appurtenant or nunappurtenanl to the property, now or hereafter issued, extended or enewed by Toodarls). any State, the United States, or any department bureau, Instrumentality, or agency thereof. The foregoing is concerively referred to in this document as the "property." It et understood and appeal] between Truetars) and Beneficiary that this Trust Deed Is given to secure the repayment in full of the to l low Ing described promissory n feast, and all future and additional loans or advances, protective or otherwise, which may be made by Beneficiary, at its option, at the reguest ad, and to m tar the account of Fostoria), or any of them, for any purpose, plus interest thereon, all payable according to the terms of the noteis) or other instruments) modifying the same. Date of Note Prinn I al Amount 011091 0 201,bOSbb- Provided, however, that the total principal intlebtedness outstanding and secured hereby at any one time will not exceed the sum of TWO HUNDRED ONE THOUSAND DOLLARS 0 201, 000. 001, exclusive of Interest and protective advances authorized herein or In the loan agreements; pmvl urt e1�t THTSPARAORAPITSITATCNOT CONSTITUTE A COMMITMENT TO MAKE FURTHER OR ADDITIONAL ADVANCES IN ANY AMOUNT AT ANY TIME, WHETHER OR NOT THE TOTAL PRINCIPAL INDEBTEDNESS ABOVE HAS BEEN ADVANCED. lhrs I rust Deed will be due March 01, 201 S. Trustorisl hereby warrants that Tmstorpo holds fee simple title to the above described property, that Trustorisl has good aid lawful authority to deed and entomb at the same, that the property Is free and clear of all liens and encumbrances, except encumbrances of record, and that I rustorisl warrant and defend the property, at Trustorisl expense, against all claimants whomsoever. (rustorisl also hereby waives and relinquishes all ughls of dower, humestead, distributive share, and exemption in and to the above described property. Trusmds) and each of them further covenants and agrees with Beneficiary as follows: 1. To pay all hens, mdgmenit, Fu other assessments against the property, and to pay when due all assessments, taxes, rents, fees, or charges upon the property ur under any lease, permit license, a privilege assigned to Beneficiary as additional security to this Trust Deed, including those met on puhhe domain. 2. To insure and keep insured buildings and other unptuvements including fixtures and attachments now on or hereafter placed on the property to the satisfaction of Beneficiary. Such insurance will he approved by and separated 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 er unmamred secured by this Trust Deed Such Insurance Fell be In an amount at least equal to the lesser of the loan balance, the actual each 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, vandellsm, civil commotion, smoke, windstorm, and hail. I restarts) 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, ,rid by regulations Implementing the same. Trusmris) further agree that Baneflelary Is not and will not be liable for any failure by Tueslorisl 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, maintenance, 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 agreements). 4. In fire event Trustorisl fails to pay any liens, judgments, a ents, taxes, rents, fees, or charges or maintain any insurance on the property, buildings, fixtures, a,,achmsm,, or improvements as provided herein or in lire loan agreement(sl, Beneficiary, at its option, may make such payments or provide In maintenance, o repairs and any amounts paid thander will become part of the principal indebtedness secured hereby, he immediately tlue and payable and bear interest at the default rate provided in the Future) 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 I pastels) in default or exercise any of Beneficiary's other rights and remedies. 5. In the event Beneficiary Is a parry to any litigation affecting the property or the lien of this I rust Deed, including any action by Bensfirlary to enforce this Trust Deed or any suit in which Beneficiary is named a defendant (including condemnation and bankruptcy proceedings) Benaflclary may incur expenses and advance payments for abstract fees, errantry. fees Ito the extent allowed by )awl, 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 noteis)from the date of advance until paid. 6. Any awards made to Troveds) of their successors by the exercise of eminent domain are hereby assigned to Beneficiary; and Beneficiary is hereby sethonmd to calls" and apply the same in payment of any Indebtedness, mature or pramaludd, secured by this I rust Deed. ]. In The event of deftuft in the payment when due of any sums secured hereby (principal, interest, advancements, or protective advances). or (allure to perform or nbeerve any covenants and conditions contained herein, In the mateod, loan agreementlsl, or any other instruments, or any proueedings is brought under any Bankruptcy laws, Beneficiary, at its option, may Barred the entire indebtedness secured hereby to be immediately due and payable and the whole will hear interest at the default rate as provided in the noodid 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 forecfusu the I rust Deed in the manner provided by law for the foreclosure of mortgages on real property, including the appointment of a Receiver upon ex part, application, notice being hereby expressly waived, without regard to the value of the property or the sufficiently thereof to discharge the ridebtedress secured hereby or In the loan agreememisl. Delay by Beneficiary In exercising Its rights upon default will not be construed as a waiver tour,.[ and any act of Beneficiary waving any specified default will not be construes as a -diver of any future default. If the proceeds under such sale or lereclesure are insufficient to pay the total indebtedness secured hereby. Trustorrs) do hereby agree to be personally bound to pay the unpefd 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 re o, publish, and deliver to Testers) sunk Notice of Default and Nolow of Sale as then required by law and will in the manner provided by law, sell the property at the time and pface of sale fixed in the Notice of Sale, either as a whale or in separate lots, parcels, or Rams and in such order as Trustee will deem expedient. Any person may bid at the sale including Truetor(d), Trustee, or Benehefary. 9. Trustorisl hereby requests a copy of any Notice of Default or Notice of Sale hereunder to be mailed by certified mall to Trusterpt at the address(rad set forth herein. 10. Upon default, Beneficiary, either in parson or by agent, with er 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 file properly In Its own name or In the name of the Trustee and do any acts or expend any sums it deems necessary or desirable to protect or preserve the value of the properly or any interest therein, or Increase the income therefrom; and with or without taking postessimi 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 stoic upon any Indebtedness secured hereby or in the loan agreementlsl. No drippy herein conferred upon or reserved to Trustee or Beneficiary Is intended to be exclusive of any other re nedy herein or by law provided er 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. Trustorisl acknowfedgre 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 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 uorferred upon it by this Trust Deed or state law. 12 The Integrity and responsibility of Trustoris) constitutes a part of life conaiderution fur the obligations secured hereby. Should Trustorisl sell, Transfer, or vey the property described muein, without prior ethers content of Bonefmlary, 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 Proceed, of Mineral I asses. Trustorisl hereby parades, transfers, and conveys to Beneficiary all rents, royaflan , bons, 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, m 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 some so received by Beneficiary will be applied to the indebtedness secured hereby; or Beneficiary, at Ap H: 00284285; Primary Customer ID p: 00029159; CIF B: 65319 Legal Doc- D.T. - January 09, 2003 FORM 5011, Trust Deed and Assignment of Rents Page 2