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200301606 3. To keep all buildings, fixtures, attachments, and other improvements now on or hereafter placed on the property occupied and good repair, manance, and condition and to either commit car permit any acts of waste or any Impairment of the velus of the property. Beneficiary may .e�ter upon the property to inspect I'a Sant, or to perform any acts authorized herein or In the loan agreementisl. ma 4. In the event Trustogs) falls to pay any Lens, judgments, asse_rapeco s, taxes, rants, fees, or charges or maintain any Insurance on the property, bu6dmys, fixtures, attachments, or improvements as provided herein or in the Ivan agreementlsL Beneficiary, at its option, may make such payments or provide Ir'urano,, maintenance, repairs and any mounts paid therefor will heaome part of the principal cosponednoas sec ed hereby, be immetliately due and payable and boa merest at the default rate provided in the oteis) 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 Tractor(s) 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 Trust Deed, - Inking any action in Beneflclary to may i o this Trust Deed n an suit in which or Beneficiary to ou attorneys a defendant (including condemnation and s., res"r arlingsl l fees, a d may incur expenses and advance s payments for abstract tees, of the fees Ito the a tent allowed by level, costs, a senses, appraisal fees, and other charges and any amounts so provided advanced will become part of data principal advance unteMess secured hereby, be immediately due and paY.ble and bear interest at [he default oTraz provided in the ressorl Gem the tlate of of eminn undo paid. 6. My awards made [o Tustorl p or their successors a the exercise of eminent domain r e hereby assigned to Beneflclary; and Beneficiary is 7. In t e even lzetl collect and apply the when pence is payment of Any indebtedness, mature to unm a secured r this Trust Deed. to perform of default no ovepayment when duns an sums secured heabylpl opal, interest, advancements, or any prtrum gad Lorfa'lgs r. to perform oroWerv6 sty covenants and renditions contained herein n the old loan ag a engsl, or any other instruments, Vp occdlgs s brought under any can grey eves on n r a+ y, aI payable and the whole will bear interest at the default rate as provide in She no[elsl antl de heficiary may immediately authorize Trustee to exercise life Power of Sale granted herein in the manner provided In the Nebraska Trust Deeds Act, or, at the option of the Beneficiary, may farenlues the I rust Deed in the manner provided by law for the foreclosure of mortgages on real property, including the appointment of a Reprover upon ex IF application, notice being hereby a pressly waived, without regard to the value of the property or the sufficiently thereof to discharge the indebtedness secured hereby or in the loan agreementisl. Delay by Beneficiary in exorcising its rights upon default will not be construed as a waiver thereof and any act of Beneficiary waving any specified default will not be construed as a waver of any future default. If the proceeds under such sale or foreclosure are insufficient to pay the total Indebtedness secured hereby, Treaters) do hereby agree to be personally bound to pay the unpaid balance, and Beneflclary will be entitled to a deficiency judgment, 8. Should Beneficiary elect to exercise the Power of Sad granted herein, Beneficiary will notify Trustee who will record, publish, and deliver to I rusturlsl such Notice of Default and Notice of Sale as then required by law and will In the manner provided by law, sall the property at the time antl plus, of sal. fixed In the Notice of Sale, either as a whole or in separate lots, parcels, or items and in such order as Trustee will seem expament Any parson may bid at the sale Including Trustorlsl, Trustee, or Beneficiary. 9. Trustorlsl hereby requests o copy of any Notre of Default or Notice of Sale hereunder to be mailed by certified mail to Tustorlsl at the address(ex) set forth herein. 10. Upon default, Beneflclary, 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 sufflcieney thereof to discharge the indebtedness secured hereby, is authorized and entitled to enter upon and Lem 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 necessary or desirable to protect or preserve the value of the property or any Interest therein, n Increase the income therefrom: and with or without taking possession of the property is authorized to sue for or otherwise collect Lou 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 agreementisl. No remedy heroin conferred upon or reserved to Trustee or Beneli nar Is Intended to be exclusive of any other remedy herein or by law provided or ppermitted, 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. Trustorsl acknowledges that Lou duties and obligatinns of Trustee will be determined solely by the express provisions of this Trust Deed or the Nebraska Trust Deeds Act and Trustee will nut on liable except for the performance of such duties and obligations as are specifically set forth rearein, and no Implied covenants o obligations will be imposon upon Trustee; Trustee rr not be liable for any t Dee by It in good faith and reasonably integrity I by it to si authorized cru or within the utes atmn or rights r powers ,for the son It by this Trust Dees Should law_ rear u 12. The or convey and responsibility c Trustorlsl constitutes ri part the consent Ba for the obligatlnna secured hereon. Shoultl Trustorlsl sell, transfer, or convey iae ly due described herein, without prior he en written consent of Bs rights r any t is option, may declare the ,mire indebtedness immediately tlue payable and may procestl In the enforcement of its rights as on ony other default m 13. Assign toy Rents including r Proceeds eds of at may Leases. Trustorlslecome assigns, transfers and any real to Belease or allrents, royalties, men bonuses, and delay moneys or other f any kid that may g geothermal time to time become due and payable antler any real estate lease or under any ell, gas, gravel, ruck, or other mineral lease f any stems including ed by Ben sources w existing n that may hereafter come ere existence, covering the property or any purr Land df. All such sums) received by Beneficiary rest Ley applied or to the i deans without secured hereby; or Beneficiary, at Its option, may turn over and tleliv.r to Trustorlsl of [eel, successors In interest any or all of such sums without prejI If to any a Beneficiary's rights to take and retain future sums, and without prejudice to any of Its other rights under this Trust Deed. This ossignmei t will be ronsnued to be a provision for the payment or reduction of the debt subject to the Beneficiary's option as herelnbefore provided, independent of the lien on the property. Upon payment In full of the debt and the reconvoyanee of this Trust Deed of record, this assignment will become inoperative and of no further force aril effect. 14. This Tres[ Deed sousti Late, a Security Agreement with respect to all the properw described herein. 15. The covenants contained this Trust Deed will be deemed in be s veroble; in the event that any portion of this Trust Deed is determined to be void or unenforceable, that determination will wl affect the validity of the remaining portions of the Trost Dead, I L INDIVIDUAL BORROWER ACKNOWLEDGMENT STATE OF NEBRASKA 1 as COUNTY OF HALL .� Dome ith day of Febriiary 2003 before me, a Notary Public, personally appeared Donald L. Irvine and Patricia A. Irvine, hushand and wife to me known to be the personls) named In and who executed the foregoing instrument, and acknowledged that they executied the same as their ya lonlar y act and dead. GENERAL NOTARY - Slate of Nepraska (SEAL) ECHO ALCORN My0omm. El Match 21,2006 Rcho Alcorn March 21 , 2006 ITYFC non, I'd" slgesselo l MY cvmmis9ion expires Notary Public in and for said County and State J0290994; Primary Customer ID #: 00055901; CIF #: 107964 Legal Doc, Date February 07, 2003 5011, Trust Dead and Assignment of Rents spa 2