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200303778 deed and encumber the same, that the property is free and clear of all lens and encumbrances, except encumbrances of record, and that Trustorlsl will warrant and defend the property, at Trustcho) x.,dd 4 against all clalmares whomsoever, Tmstchs) also hereby waives and relinquishes all rights of dower, homcsteatl, distributive share, and exemption in and to the adove described property. Trustorlsl and each of them further covenants and agrees with Beneficiary as follows: 1. To pay all liens, judgments, or other assessments against the property, and to pay when due all assessnrrnts, taxes, rents, fees, or charges upon Fla property Or under any lease, permit, license, or privilege assigned to Beneflg ary as additional security to this Trust Deed, Including those In or no public domain. 2. To insure and keep Insured hulls ings and Other improvements including fixtures and attachments now on or hereafter placed on the property to the satisfaction of Beneficiary- Such Insurance will be approved by and deposited with Brnrfielary, and endorsed with loss payable clause to Beneficiary. Any sums se received by Beneficiary may he used to pay for reconstruction of the J 5truyad improvements or If not so applied may he applied, at the option of Beneficiaryr in payment of any indebtedness matured or unmatured secured by this Trust Deed. Such insurance will be art cunt at least equal to the lesser of the loan balance, the actual cash value of the collateral, or the replacement cost of rho property, and will at a ndnitum, cover losses caused by fire, lightning, explosion, /ml, aircraft, v,h'mles, vandalism, civil commetlon, smoke, picatorm, and hail. Trustorlsl wJl obtain and keep flood Insurance In force to cover losses by flood as required by Reneficiary and by the National Flood Insurance Act of 1988, as amended, and by regulations Implementing the same. Trustorlsl further agree that Beneficiary is not and will not be liable for any failure by Tmaurds) or by any i n surer, for whoever reason, to obtain and keep this Insurance in force. 3. To keap all buidings,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 authored herein or in the loan agreementls). 4. In the event Trustorlsl fails to pay any liens. judgments, assessments, taxes, rents, firms, or charges or maintain any insurance on the property, buildings, fixtures, attachments, or improvements as provided herein or In the loan in,mor anrlsl. Beneficiary, at its option, may make such payments or provide insurance, maintenance, or repairs and any amounts paid therefor will become part of the principal Indebfidoess secured hereby, be nadiately due and payable and bear Interest at the default rate provided in Thad, notels) from the date of payment antl paid The advacocment by er Be is and of any such amounts will In no manner limit the right of Beneficiary to denlare Trustorlsl in default or exercise any of Beneficiary's other II rights and vent n e In e t event t Deed dry is a party to any litigation affecting the property t (inc lien of this Trust Deed, including any action by Beneficiary to the enforce this Trost Deed a any awl y �nits Reneficiary Is named a defendant d lithe extent t lowed y l and bankruptcy see, appraisal Beneficiary may Incur expenses and cunt a payments for abstract fees, attorneys fees l in the extent allowed by hereby, be immediately expenses, appraisal fable and other charges and any amounts so provided in t will Lace tr part of the principal Indebtedness secured hereby, be ImmeJietely Jue coil payable and Lea interest at the, default rate rs) or their it the successors born e daft of advance until paid. 6. he Any awards made to Trustorlsl r their successors a the any ode of dness, unnincut domain are hereby signed to Beneficiary; and Beneficiary Is hereby apdhvn event of et alt in t and apply the same in payment of any d hereby (principal, mature to unm atureda secured r This Trust Deed. 7. to In the eventofdefa alt I covenants and when due of any sums dmit,i hereby pnnHpal, Int erestadvancements ,or pro tectiveadvanypr proceedings to brought or observe any covenants anti conditions contained herein, y the note s), loan egrdeb ednes or any ed other hereby to be or any proceed nos is brought under any Bankruptcy laws, Beneficiary, at its option, may declare the entire Indebtedness secured hereby th ri ustee to due and m the payable and rho le granted tad year Interest m the default rate as he Nebraska In I rust De and Beneficiary t, or, t may Immediately authorize Trustee to exercise the Power of the granted herein in fie manner provided In the Nebraska rust Deeds Act, e at the option of the Ben ficiary, may foreclose She Trust Deed in the manner hereby by law for the foreclosure of mortgages on real property, property Lhe appointment of a Rtri to each r parts indebtedness notice being hereby expressly the waved, without regard a the value of the property p the aulwill not tractor b con n discharge ffie indebtedness secured herebyy or In the loan any spec, del. default will Beneficiary in exercising wri rights upon default will t Ge construed as a waiver thereof and any act of Renef'ir,'ary waiving any specified default will not be construed as a elver of any future tlefault llf the proceeds antler said sale or foreclosure ce ins ufficienttopay the total indebtedness judgm secured hereGY, Trus torlsl do hereby agree to he pecsonally bound to pay the unpaid balance, and Beneficiary el will be mottled to a deficiency lodgment. S. Should Beneficiary elect to xand N tic Power of Said granted herein, Beneficiary will notify Trustee do will record, publish, and deliver e I Trustorlsl such Notice of Default and Notice of Sale as then required by law and will In the manner in such by law, sell the property at rho time and place oflsa y bid fined! a in the Notice of Sale, either as a whole or In separate lots, barrels, or Items and In such order as Trustee will Jeem expedlenL Any person may bid requests sale including Treaters), trustee, or Beneficiary. 9. id Tssods) al ImmbY mpuests a copy of any Notice of Default or Notice of Balc hereunder to be mailed by certified mail to Truetohsl at the 10. Upon et forth ot...a_ of Upon default, the sufficiency either in person or by the indebtedness with without bringing any action or proceed ing antl with or without regale m the. value of the property or the sufficiency thereof m ame at th theuste nd do secured hereby, Is authorized and entitled to entry upon and take possession of the property in its own name or in She name of the Trustee and any acts or expend any sums it t with necessary or desirable to protect Or preserve the value of the otherwise se any Interest therein, ue increase o , the Income therefrom; and with or without taking possession aithe property is authorized to sue for or otherwise collect the rents, issues, crops, profits, and Income [hereof, 'including ,hose past due and unpaid, and apply the same upon any Indebtedness secured M1ereby nr in fha lean apreementlsl. Nn rem ad herein conferred upon Or re ae rued to Trustee or Rene rosary 's intentletl to be exc WSlve of any uNar remedy herein or by law provided • P mitred, but ear.h will be cumuletive, will be m udJdion to cvmry other remedy given hereunder or now or hereafter exisuny at law or In equity or by mature, and may be axe re said mono rren[ly, independently ar ruccesslvcly. v. t t. Tho"d,l sl acknowledges that fie duties and obligations of Trustee ill be dc[ermined solely by the express provisions of this Trust Deed or the Nebraska Trust D000, Act antl Trustee will not be liable except far the performance of such duties and obligations xs a specifically set forth therein, and no implied tovenac is or obligations will be imposed upon Trustee; Trustee III of Ge IlaLle for any action by it in good land and reasonably a rIFy a by it SO a Ty Of Tr ur wllhln [M1e discretion n rights of powers conferred upon i[ by this' Truro Deed er state law. t2. The integrity and a at o ar'y ltt c Trustorlsl cons Llulcs a part of the ronslderation for the obllgatlans securetl hereby. BhoulJ Trustorlsl sell, transfor, or con, ey the property describetl herein, without prior wdtLCn consent of Beneficiary, Beneficiary, at Its epfion, may tleclere the emirs debts, mess Imm0dl a,01y due and payable and may proceed In [he enforwmenl of Its rigMS as on env other tlefault. 13. Assign LLal Rants mclud'm9Pmreeda of Minaret Leases. Trustorlsl hereby aas'lyns. lransfcrs, antl conveys to Beneflcary all rents,royl a,,, ter bonuses, antl delay moneys cr o' "or , oc minds that may from time to time become Jue and payable unJer urry oral Beret lease or under enY ml, gas, gravel, rock, or ether mineral lease t any kin, including geothermal esour snow existing or that meY hereafter come Inro existence, covering r the property ar any part thereof. All such sum' 'u re'emed by Beneficiary will ha. applied to the ndebSetlness securetl hereby: r Beneficiary, at as op ton, may turn over and dsll ms to d without or their e t any at it interest any or all of such sums without prejudice tO any oa construed to rights to take anti retain future sums, and without prejudice to ant of its other rights unJer this Trust Deed. This assignment will be construed he be a provision for the payment or reduction of the debt subject to the Beneficiary s option as M1erelnLclun: provided, independent of fhe lien on the I rd .try. Upon nd affinent in full of the debt and the reconveyanoe of this Trust Deed of record, this assignment will become Inoperative and of re 14. This Trust Deed constitutes a Security Agreement with respect to all the property described herein. 15, f he covenants contained in this Trust Dead will be deemetl to be severable; In due event that any portion of this Trust Deed Is determined to be void or unenforceable, that determination will or affect the validity of the remaining portions of the Trust Dead. �fvl LHAR STiSL GEN MD,v INDIVIDUAL BORROWER ACKNOWLIED STATE OF NEBRASKA I —' I as COUNTY OF TIALL ) On this 28th day of March _ 2003 before me, a Nptury Public, personally appeared to me known to be the amicable) named In and who executed the foregoing instrument, and acknowledged that h_ _ executed the same up, his voluntary act and dead. GENERAL NOTARY • State of Nebraska ECHO ALCORN ISEA4 MY Own Esp. March 21, 2006 Echo Alcorn (Type name undo, sigroic ral MY commission expires March 21, 2006 Notary Public in and for said County and State Ap #: 00301120; Primary Custorscr ID # 00043705; CIF #: 109513 legal DO,. Date: March 2B, 2003 FOIM 5011 , Trust Dead and Assignment of Rears Page 2