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200302641 be arpplied, at the option of Bendficiiary, in payment of any Indebtetlness matured or unmatured secured by [his 1 rust Deed. Such Lrsurame will be in mount at least equal to the lesser of the loon balance, the actual sash value of the collateral, or the replacement cost of the property, and will at a minimum, cover lasses caused by fire, lightnioy, explosion, riot, aircraft, vehicles, vandalism, c'IViI commotion, smoke, windstorm, and hail. Trustorlsl will obtain and keep flood insurance in force to cover lusses by flood as required by Beneficiary and by the National Flood Insurance Act of 1968, as amended, antl by regulations implementing the same. Trustorlsl further agree that Beneficiary is not and will not be liable for any failure by Fostoria) 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. Bene6clury nray enter upon the property to inspect the same or to perform any acts authorized herein or in the loan agreementlsl. 4, to the event Turtorls) falle to pay any lien., judgments, assessments, Taxes, !ante, fees, or charges or maintain any Insurance On the property, buildings, fixtures, attachments, or Improvements as provided herein or In the loan agreementlsl, Beneficiary, at its option, may make such payments or provide Insurance, maintenance, or repairs and any amounts paid therefor will become pert of the principal Indebtedness secured hereby, be Immediately tlue and payable and beer Interest at the default rate provided in the hotels) from the date of payment until paid. The advancement by Beneficiary of any such amounts will in no manner first the right of 8eneflcIdry to declare Trustorlsl in default or exercise any of Beneficiary 's other -rights and mornmee. e. In the averse Beneficiary or Is a party to any litigation effecting the property t the lien of this Trust Deed, including any amine in Beneficiary to enforce this Trust Dcotl or any snit In which eenaflr.lary Is named a defendant (including condemnation and bankruptcy proceedings) l feeflr, and may incur expenses and advance payments for abstract fees, attorneys fees (to the extent allowed by law), costs, expenses, upumisal fees, and then charges antl any amounts so advanced will became part of the principal Indebtedness securetl hereby, be immediately due and de,able and hear imanual at the default rate provided In the paschal burn the date of advance until paid. 6. Any awards made to Trusmrod or their successors by the exereed of anlLmnt domain are hereby assigned to Beneficiary; and Beneficiary Is hereby authorized to collect and apply the same in payment of any indebtedness, mature or unnialovd, secured by this Trust Deed. ]. In the event of default in the payment when due of any sums secured hereby (principal, interest adVurccluj tie, or protective advance5l, or falure to perform or observe any covenants and conditions contained herein, inthe hotels), loan agreement(s), or any other ostrwnents, o: 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 notels) and Beneficiary may immediately authorize Trustee to exercise the Power of Sale granted herein in the manner provided in the Nebraska I rust Deeds Act, or at the option of the Som iary, may fon,da.e the Trust Deed In the n sonar provided by law for Inc. fomnlosure of mortgages on real property, including the appointment of o Receiver upon ex parts apollcation, notice being hereby expressly waved, without regard to the value of the property or the sufficiently thereof to didelarge the indebtedness secured herebyp or In the loan agreemunt(d) Delay by Beneficiary In exprriii ing Its rights upon default will not be construed as a waiver thereof and any act of Beneficiary waiving any specified default will riot be construed as a waiver of any future . default. It the proceeds under such s or fmadmme are Insufficient to pay the total indebtedness secured hereby, Trustorlsl do hereby agree to he personally bound to pay the unpaid She Id B aflday elect t exercise the Po war of Sale granted herein, Beneficiary will notify Trustee who wll record, publish, and deliver to ttorlal eh Notice of Default and Notice of Sale as then required by law and will in the manner provided by law, ell the properly at the from place of sale fixed In the Notice of Sale, olthcr as a whole or In Separate lots, parcels, or items and in such order as Trustee will deem expedient. Person may bid at the sale including Trustorlsl, Truslde, or Beneficiary. Trustorlsl hereby requests a copy of any Notice of Default or Notice of Salc hereunder to be mailed by canifird mall to Trustorls) at the sled) sat forth herein. Upon default, Beneficiary, either In parson or by agent, with or without bringing any action or proceeding and with or without regard m the value re property or the 5ofbacncy thereof to discharge the indebtedness secured hereby, Is authorized and entitled to enter upon and take possession to property in its own name or in the name of the Trusted and do any acts or expend any sums It deems necessary or desirable to protect or erve the value of the propperty or any Interest Iherem, or mcrcase the income therefrom; and with or without taking possession of the property ithoroad to and for or athunwise collect the rents, isacke crops, profits, and income thereof, Including those past due and unpaid, and apply same upon any Indebtedness s r ured hereby or in the loan eggreement(sl. medy herein conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive of any other remedy herein or by law provided ermitted, 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 Y statute, and may be exercised concurrently, ! dependently or successively r . T stork) acknowledges that the duties and obligations of Trustee will be determined Solely by the express provisions of this Trust Deed or Nebraska Trust Deeds Art and Trustee will not be liable except tar the performance of such duties and obligations as are specifically set forth and n implied covenants n obligations will be imposed upon Trustee; Trustee will nut be liable for any action by It in good faith and sin, numbly believed by it to be authorized or within the discretion or ri hts of powers conferred upon it by this Trust Deed or state law. The integrity and pr o arty e c abed herfu constitutes a part of t a consent f Be for the obligations secured hereby. Should Rusthe sellr sued a convey the property described b le heron y thou[ poor written consent of Hs rights s n any the at is option, may declare the entire btedness immediately i due and payable and ne prvesse in the enforcement of its rights sf on and other default. m Assignment of Rents Including r Proceeds morsel of Mineral Leases. to time become assigns, transfers, rid conveys to Beneficiary all reran It, 0as, and dales mnnrvs or other nrnceada that may from time to time become tlue and savable under env mat estate (case or under any rill, qas, gravel, rook, Or ether ommeral lease Or any Kind Ineluemg geomermel resources new existing V Tom, n"y Idree of ud o d,nw U ice, cuvv,ny the property or any part thereof. All such sums so resolved hV Beneficiary will be sign led to the Indebtetlness secured hereby; or Beneficiary, at its option, may turn over and deliver to Trusmr(sl or their successors in interest, any or all Of such sums without prejudice to an of Beneficiary's rights to take and retain future sums, and without prejudice W any of its other rights under this Trust Deed- This assignment wi I be construed to F6 a provision for the paymem or reduction of the debt, subject to the Beneficiary's option as herembefore provided, independent of the lien on the, property. three ad payment in full of the debt and the rernnveVance of this Trust Deed of record, this assignment well become Inoperative and of no further . This Tr antl affect. d 14. This Trust Deed constitutes a Security Agreement with respect to all the property event herein. be The covenants nenforc contained able, ne t in this Trust Deed will be affect red to be sat the c; In the event that any portion of this Trust Deed is determined to be void or unenforceable, fiat determination will not affect the validity of the roman Iny pwtiana of [he Trust Deed. NL Chi t 20 �"DZy INDIVIDUAL BORROWER ACKNOWLEDGMENT STATE or NEBRASKA COUNTY OF NATT ; se On this -5iI_ day of M3..L1 .20M , before me, a Notary Publip, personally appeared Kevin A. Davis and Karen D. Davis. husband and wife to me known to be the eersohlsl named In and who executed the foregoing Instrument, and acknowledged that they executed the same as their voluntary act and deed. SEAL( IlliGENERAL NOTARY State N Ne6NSla KATHERINE S. SCHULTE My Carl Exp. May 23,20% My commission -morn, Katherine S. Schulte (Type name under eiynu[wel Notary Public in and for said County and State Ap #: 00294055; Primary Customer ID #: 00031950; CIF #: 6b126 I. dgal Doc. Data March 05, 2003 FORM 5011, Trust Deed and Assignment of Rents Page 2