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200202970 the satisfaction o5 Beneficiary. Bach Insurance will he approved by and deposited with Beneficiary, and endorsed with loss payable clause to Beneficiary. Any sums so received by Beneficiary may be used to pay fur reconstruction of [he destroyed improvements or if nut so applied may be applied, at the option of Beneficiary, in pa meat of any indebtedness matured or unmamred secured by this Trust Deetl. Such insurance will be m an amount at least equal to the lesser of the loan balance, the actual cash value of the collateral, or the replacemeA cost of the property, and will at a minimum, cover losses eausad by fire, lightning, explosion, riot, aircraft, vehicles, vandalism, civil oommotlon, smoke, windstorm, and hail. Trustorlal will obtain and keep flood insurance In faro. to cover losses by flood as required by Beneficiary and by the National Flood Insurance Act of 1968, as amended, and by regulations implementing the same. Trustersh further agree that Beneficiary is not and will not be liable for any failure by Tru"mb) or by any Insureu 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 condhion and to north,, 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 sari, or to perform any acts authorized herein or in the loan constructors). 4. In the event Trustorlsl fails to pay any bens, judgments, asses property, t sments, taxes, rents, fees, or charges or maintain any insurance on the buildings, fixtures, attachments, or improvements as provided herein or In the loan agreemendef, Beneficiary, at its option, may make such payments or provide insurance, maintenance, or repairs and an amounts paid therefor will become part of the principal indebtedness secured hereby, be immediately due and payable and beat Interest at the Vaud rate provided in the note(,) from the tle[e of payment until paid. The advancement at Beneficiary of any such amounts will In be manner limit the right of Beneficiary to declare Trusters) in default o, exercise any of Beneflaary's other ght, and remedies. 5. In the event Beneficiary is a party to any litigation affecting tire pmparly or The lien of this Trust Deed, including any action by Beneficiary to enforce this Trust Deed er any suit in which Benefiriary is named a defendant (including condemnation and bankruptcy proceedings) Beneficiary may incur expenses and advance payments for abstract fees, attorneys fees (to the extent allowed by law), costs, expenses, appraisal fees, and m other charges and any amounts an advanced will becu, part of the principal indebtedness secured hereby, be Immediately due and payable and bear interest at the default rate provided in the motels) from the date of advance until paid. 6. Any awards made to Trues e tor(s) or their successors by the exercise of eminent domain are hereby assigned to Beneficiary; and Beneficiary is hereby authurh,d to collect and apply the same In Payment of any indebtedness, mature or untreated, secured by this Treat Deed. 7. In the event of default In the payment when due of any sums secured hereby (principal, Interest, advancemohts, or protective advances!, or failure to perform or observe any covenants and conditions contained herein, in the note(sl, loan agreementlsl, or any spoor instruments, or any pruceedings is brought under any Bankruptcy laws, Beneficiary, at its option, may declare the entiro indebtedness secured hereby to be Immediately due and p in ayable and the whole will bear (erest at the default rate as provided in the hotels) and Beneficiary may immediate)V authorize 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 Dead in the manner provided by law for the foreclosure of mortgages on real proteery, including the appointment of a Receiver upon ex parts applionen, notice being hereby expressly waived, without regard to the value o the property or the sufficiently thereof to discharge the ndebtedhess secured haremV or in the loan,ponsentll� Delay by Beneficiary in exercising its rights upon default will not be construed as a waiver Thereof and any act of Penef'mlary waiving any specified default will not be construed as a waiver of any future default. If the proceeds under such sale or foreclosure are insufficient to pay the total indebtedness secured hereby. Toasters) do hereby agree to be personally bound to pay the unpaid balance, and Beneficiary will be entitled to a deficiency judge t. B. Should Beneficiary elect to exercise the Power of Sale granted herein, Beneficiary will notify Trustee who yywill record, publish, and deliver to Trustorlsl such Nonce of Default and Notice of Sale as then required by law and will The manner provided dh orderaw, Trustee wi deem expedient. to in and place of sale fixed in the Notice of Sale, eiNer as a whole or in separate lots, parcels, Any person may bid at the sale Including Trustorlsl, Trustee, or Beneficiary. S. Trustor( sl hereby requests a copy of any Notice of Default or Notice of Sale hereunder to be mailed by certified mail to Trustor(s) at the addresses) set forth herein. 10. Upon tlefault 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 property or the suf firooncy thereof to discharge the indebtedness secured hereby, is authorized and entitled to enter upon and take possession s! LhC property in Its own name or in The name of the Trustee and de any acts or expend any sums it deems necessary or desirable to protect or preserve the value of the property or any interest therein, or increase the income therefrom; and with or without taking possession of the property s authorized to sue for or otherwise collect the 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 appreemennm. No remedy herein conferud upon or reserved to 1 ruvteo or 8eneliciary is intended to be exclusive of any other remedy herein or by lava provided ur pe,minetl, but each will be cumulative, will be in etltlition to every oNer remetly given hereunder nr now or hereafter existing at law or In equity r by statute, antl may be exerciwd concurrently, intlependenLly or successively. 1 L Trustorls) acknnwletlges that the tluties and obligations of Trustee will ha determinetl suloly by the express provisions of this Trust Deed or the Nebraska Trust Deetl, Act antl Trustee will not be liable except for the performance of such dubes and obligations as are spoc111 set forth therein, and no Implied covenants or obligations will be Imposed upon Trustee: Trustee will not be IiaGle for any action by it In ,..it faith and satiably believetl by it Lo be authorized or within the discretion or rights of powers conferred upon it by this Trust Deed or state law. t2. The imegnty and responsiGilay of Tnistnr(sl constitutes a part ,f the ronsitleretion far the obbgations securetl hereby. ,fare t e veil, clare [rans'fer, or convey the property tlescribed herein, without prior written consent of Beneficiary. Beneficiary, at its option, may de the entire intlebtetlnees Immediately d e antl peyaGle and may Proceed m the enlurcement of its rights as un unV other default. 13. Assignment of Rents Inolutling Proceetls of Mineral Leases. Trustorlsl hereby assigns, rtansfers, end wnvays to Benefidary ell rents, oil, gas, h,nuses, and delay moneys ur other proceeds the[ may from time to time become due and payable antler any real estate lease or antler any ode gas, grave rock, ar m er mineral lease of any kind including, geoNermal resournas now existing or Nat may hereafter come into existence, covering ri the property a any part thereof. All such sums so receivetl by Beneflcmry will be applietl [o the indebtedness secured hereby; or f B.b f,Qi.r at its option, may turn over and deliver to Trustorlsl or their successors in interest, any or all of such sums without prejud¢e to any of construed to 'rots to take antl retain future sums, and without prdluded to any of Its other rights under this Trust Deetl. This- assignment will be construed [o be a provision for the payment or reduction of the debt, subject to the Baneficiary s option as M1ereinbefore provided, independent of the lien on the property. Upon Payment in full of the debt and The reconveyance of this Trust eed of record, this assignment will become inoperative and of no further force and effect. 14. This I rust Deed constitutes a Security Agreement with respect to all the property described herein. 15. The covenants Tontained in this Trust Deed will be deemed To be severab; in the event that any portion of this Trust Deed is tlemrmined to be void or unenforceable, that determination will not affect the validity of the remaining portions of the Trust Deed. I G' % it � -iii �,�1'� p INDIVIDUAL BORROWER ACKNOWLEDGMENT STATE OF NEBRASKA as COUNTY OF T-IALL l On this 15 today of _ March 2002 , baser, me, a Notary Public, personally appeared Wayne D. Stoltenberg and Mary V. Stoltenberg, husband and wife to r:e known to he the persohlsl named in and who executed the foregoing instrumerib and acknowledged that tY ey .....ted the sent- as their voluntary act and deed. _ - -- G III GENERAL NOTARY-Stato of Ne6tsska ISFAI -I JOHN E, HARTMAN ar n if rZ. -.. My Cam-. Off April 26, 2004 (TYPa name under o,saftemp My commission expires April 26, 200 4 Notary Public in and for said County and State A,—# 00255000; Primary Cusbnor ID Al. 0000/492; CIF N: 10052 Legal Dud, Oat.: March 15, :1002 Page 2 gnmen FORM 5011, Trust Deed and Ab, t of Rents