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200303779 200309027 RE- RECORDED Thu storlsl hereb warrants that Trustorlsl holds fee simple title to the above described property, that Trustogsl has good and Iawbut a thorny to deed and encumber the same, that Iheaproperty is free entl clear of all liens antl encumbrances, except encumbrances of recortl, and Ihatquisstorlsl Will warrant and defend the property t Trustorlsl expanse, against all claimants whomsoever. Treat also hereby waives antl helm Fes all rights of dower, he meet., d, brilliant ive share, and exemption in aM be the above described property. Trained.) and each of them farther cevaeanto and bleach; with A ... first, as Po level: 1. To pay all liens, judgments, or other assessments against the property, and to pay when due all assessments, taxes ocnls, fees, or charges upn the property or under any lease, perm It, license, or privilege assigned to Benefits,, es addli is nal security to this Treat Deed, including those so or ppubinc domain. 2 To' sure and keep insured buildings and other improvements Including fixtures an tl attachments now on or hereafter placed on the property to a_. _ e. ,.... Ines naoaMn raauss to at th m at by Trustorlsl or ey any insurer, nor wnatever mesol 1. u, w.o..I o... -..e .• • - •••-- - -- - - - p- 3. To keep all buildings, fixtures, attachments, and other improvements now on or hereafter laced on property coupled d and In good Ideal. maintenance, entl conddion and to neither commit nor permit any acts of Waste of any impairment of the value of the poperty, Beneficiary may e,.rn. ..nun li, nrnnerh le Inspect the same of to perform any acts authorized herein of m the loan agreememl5l. m Is Insurance, maintenance, or repairs and any ameums paid therefor Will Itchoureas part m me p, .... I.I .... vo..,.... ..... .-.. -. - -r __ yodue antl payable and bear interest at the default rate provided in the nomisl boar the date of payment until paid The advancement by f any such amounts will In be manner Iota[ the right of Beneficiary to declare Thessalia) In defauh exercise any exerc any of Beneficiary's other remedies. 1 Beneficiary is a party to any litigation affecting the property or the lien of this Trust Deed, including any action by Burch I ry to s Trust Deed o r any sun in which Beneficiary is named a defendant )including condemnation and bankruetoy proceedings) Bonefimary pe exnses and advance payments for abstract fees, attorneys fees Its the extent allowed by law), costs, pauses• appraisal fees, antl Ses' and any amounts so advanced will become part of the principal Indebtedness secured hereby, be immediately do. and payable and t at the default ate prwlded In the cnote jsl from the date of advance until paid. . — t n.1e . 111— o ii see nbe by the exercise of eminendomain are hereb y assigned to Beneficiary; _ and Beneficiary is or of Sale grentetl herein in the manner provided in the Nebraska Trust Deeds Act, or, at the option or trio monaurally, ,illy is sad in the manner provided by law for the foreclosure of mortgages on real property, including the appointment of a Receiver upon as parts notice being hereby e parly waived, without ,.,and to The value of the property or the sufficiently thereof to discharge the Jeers secured hereby or in the lean agreementlsl. Delay by Beneficiary in exercising Its rights upon default will not be construed as a waiver and any act of Beneficiary waiving any specified default will not be construed as a waiver of any future default. It the proceeds untler such oecl ... re are insufficient to pay the total indebtedness secured hereby, Trustorlsl do hereby agree to be personally bound to pay the unpaid and Beneficiary will be entitled to a deficiency judgment. aid Beneficlay elect to exercise the Power of Sale granted herein, Beneficiary will notify Trustee who will record, publish, and deliver to of seach Notre 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 :e of sale fixed in the Notice of Sale, either as a whole of in separate lots, parcels, or Items and in such order as Trustee will deem expedient. son may bid at the sale including TrostorlsL Trustee, or Beneficiary, trial hereby requests a copy of any Notice of Default or Notice of Sale hereunder to be mailed by rertitiatl mail to Trustorlsl at the Idol act Cuts hereim sn default, Beneficiary, either in peach or by agent, with or without bringing any action or proceeding and with or without regartl to the value rapers, Tr the sufficiency thereof to discharge the Indebtedness secured hereby, is authorized and resided to enter upon ..d take Pro .... sal utility in Its own name or in the name of the Trustee and do any acts or espend any sums it deems necessary or desirable to protect or r ll d to sue for or orr ot�iertw m an,lect the rents, issues, increase rops, Profits�and therefrom; ndent. hereof, in ud ng These pastt do, and unpaid, and and apply irupon any indebtedness sncu ed hereby or in the loan 9 .serial toy herein conferred upon or reserved 1p Trustee or Beneficiary is into to be exclusive of any other remedy herein or by few provided died, bur each will be cumulative, will be in addition to every other remedy given hereunder or now or hereafter existing at law or inequity atute, and soy be exercised concurrently, in dependently or successively . marls) acknowledges that the duties and obligations of feasible will he determined solely by the express provisions of this Trust Deed or aska Trust Deeds Act and Trustee will not be liable except for the performance of such duties and obligations as are epecifirally set forth and n implied covenants r obligations will be imposed upon Trustee; Trustee will t be liable for any action by it in good faith and Ibly believed by it to be authorized or within the discretion or rights of powers conferretl upon it by this Trust Deed or state law. e unabl , and reaponsibfiry of n_ Ua(I constitutes a part of the consideration tortM1e obligations secured hereby. Should declare thesentirle _. . . . ..... ..... .. a e•.. ,...r ...n .... —e en ormseet of Beneficiary. Beneficiary, at its option, may or other mineral lease of any kind including geothermal resources now enauny u, seen 1111Y - or any part thereof All such sums so race veil by Beneficiary will be appllad to the indebtedness secured M1erebY% or av turn over and deliver to Trustorlsl or their successors in Interest, any or all of such sums without prejudice to any I as befamdetord province, In....nu.in v, a,. ... ..e ._. ..n ..all hennmo lesnerabve and of no mar Totes and meet. property This Trust Deed constitutes a Security Agreement with respect to all the y described herein. The covenants cntained in this Trust Dead Will be deemed to he severable; In the event that any portion of this Trust Dead is determined to void or resonance . ble, that determination will not affect the validity of the remaining portions of the Treat Deed. to me known to be the paembill named in and who executed the foregoing instrument, and acknowledged that _ he executed the same as his voluntary act and deed. ISEAL) NEPAL NOTAIIy -State NNebraska Echo Alcorn ECHO ALCORN My COMM. Fip. Merck 21, 2006 (Type name under signa erel IJ/I{�iR�R H� /i CIF #: 109513 INDIVIDUAL B0RR0WERACKNOWLEOOMEN STATE OF NEBRASKA 1 March 1 ss 2003 Page 2 COUNTY OF HALT _I On this 213th day of March 2003 ' before me, a Notary Public, personally appeared Ronald G. Pierce; ns a single person to me known to be the paembill named in and who executed the foregoing instrument, and acknowledged that _ he executed the same as his voluntary act and deed. ISEAL) NEPAL NOTAIIy -State NNebraska Echo Alcorn ECHO ALCORN My COMM. Fip. Merck 21, 2006 (Type name under signa erel Ap Y: 00301133; Primary Customer ID #: 00043706; CIF #: 109513 Legal Doc. Date: March 28, 2003 Page 2 FORM 5011, Trust Dead and Assignment of F