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bear interest at the default rate provided in line hotels) from the date of advance until paid. 200302224 6. Any ewerds made to Tmeterla) 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 unmal secured by this Trust Deed, Y. 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 notaph, loan agraemanted, er any ether Instruments, or any proceedings Is brought under any Bankruptcy laws, Beneficiary, at Its option, may declare the entire indebednese semued hereby to be Immediately due and payable and the whole will hear interest at the default rate as provided in the noted) and Beneficiary may immediately authodza 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 Thu manner provided by low fur the fureclosure of mortgages on real property, including the appointment of a Receiver upon as 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 agreements). Delay by Beneficiary in exercising ns rights upon default will not be construed as a waiver themnf and any not of Beneficiary waivingp any specified default will net be construed as a waiver of any future default, If the proceeds under such ale or foreclosure are insufficient to pay the total indebtedness specter] heeby, Tucslon.) do hereby agree to be personally bound to pay the unpaid balance, and Benehciaryy will be entitled to a debcepusy judgment. B. Should Beneficiary elect to exercise the Power of Sale granted herein, Beneficiary will notify Trustee who will record, publish, and deliver in Fostoria) 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 sugar as Trustee will deem expedient. Any ppit e ay bid at the sale including Trustorla), Trustee, or Beneficiary. 9. Tmarorud hereby requests a copy of any Notice of Default er Notice of Sale hereunder to be mailed by certified mail in Truslurlel at the acdic"(as) 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 properly 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 necessary nr desirable to protect or preserve the value of the property or any interest therein, or increase the income therefrnm; and with er without taking possession of tiro property Is authorized to sue for or otherwise collect the rams, taco s, nr ,,, profits, and income thereof, including those past dun and unpaid, and apply the same upon any indebtedness secured hereby or in the loan a9pemental. No remedy herein conferred upon or reserved to Trustee or Baneficiory 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. 1rustor(s) acknowledges that the duties and obligations of Trustee will be determined solely by the express provisions of this Trust David Or the Nebraska Trust Deeds Act and Trustee will not be liable except for the performance of such duties and obligations as are ap soflually set forth therein, and no implied covenants or ohligatinns will be imposed upon Trustee; Trustee will not be liable for any action by it in good faith and 125 ably believed by it to be authorized or within the discretion or igghts of powers conferred upon it by this Trust Deed or state law. 1 fie integrity and responsibility of Trustor(s) constitutes a part ofrtha consideration for the obligations secured hereby. Should Trustogd) sell, transfer, or convey the pro pparty described herein, without prior written consent of Beneficiary, Beneficiary, tits option, may declare the entire indebtedness immediately tlue 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. Tmsmrls) hereby assigns, transfers, and conveys to Beneficiary all rents, royalties, bonuses, and delay moneys or other preteens 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 geutharmal resources now existing or that may hereafter come into existence, covering the pmpertm or any part thereof. All such sums so received by Beneficiary will be applied In the Indebtedness secured Twenty; or Beneficiary, at Its option, ay turn over and deliver to Truster(s) or their successors in interest, any or all of such sums without prejudice to any of Beneficiary a rights to take and retain future sums, and without prejudice to any of its other rights under this Trust Deed. This ssignrecnt will be construed to be a provision for the payment or reduction of the debt, subject to the Benaflrlary's option as herembefore provided, independent of the lien on the property. Upon payment in full of the debt and the rear nveyance 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 covenants contained in this Trust Deed will be deemed in he severable; in the event that any portion of This Trust Deed is determined to be void or unenforceable, that determination will not affect the validity of the remaining portions of the Trust Deed, THE ROH F MILY L MI I ED PAR NERSHIP, A Limited Partnership a or .r I Partner yy/yy///AA CLARA M ROIIWER, Trustee of the lara M. Rohwer Trust, a General Partner LIMITED PARTNERSHIP BORROWER ACKNOWLEDGMENT STATE OF NEBRASKA COUNTY OF DOUGLAS jaa On ihls '�" -'�`— day of February 2003, before me, a Notary Public, personally appeared to me known to be the Pannonian named In and who executed the foregoing instrument, who did say that he /they is /ere the general peprav r) of The Rohwer Family limited Partnership , a limited partnership, and that the instrument was signed on behalf of the limited partnership by authority of Its partners and the general partners acknowledged the execution of the Instrument to be the voluntary act and dead of the Incited partnership by it and by them voluntarily executed. KAREN A. MAY GENERAL NOTARY -Slate N IN i (SEAL) _ My Comm. Exp.JAy24,2003 QYeI� er, 111tUL( (Type name under samptr>r�) My commission expires �%/v141 �3 Notary Public in and for said County and State STATEOF NEBRASKA I as COUNTY OF DOUGLAS I On this t,-2- day of February , 2003 . before me, a Notary Public, personally appeared John IL Rohwer, attorney -in -fact for Clara M. Rohwer, Trustee of the Clara M. Rohwer Trust to me known to be the personud named in and who executed the forename Instrument, who did say that he /they is /are the 9pri pentnpds) of The Rohwer Family Limited Partnership , a limited partnership, and that the instrument was signed on behalf of the limited partnership by authority of its partners and the general partners acknowledged the execution of the instrument to be the voluntary ant and deed of the limited partnership by it and by them voluntarily executed. GENERN.VKAREN R. of Nebraska T I6EAL1 �FNJMWN Flf/�L L�(il" A `OTTIAEV Hr� slgnp(ur l MY rnmmissinn expires /l Notary Public In and fora county and SCOW An #: 00290033; Primary Customer ID #: 00100061; CIF #. 104226 LeOSI Doo, Data February 21, 2003 FORM 5011, Trust Dead and Assignment of Rents Page 2