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<br />the property or under any lease, permit, license, or privilege assigned to Beneficiary as additional security to this Trust Deed, including those in or
<br />on public domain.
<br />2. o insure and keep insured buildings and other improvements Including fixtures and attachments now on or hereafter placed on the property to
<br />the satisfaction of Beneficiary. Such insurance will be approved by and deposited with Beneficiary, and endorsed with lass payable clause to
<br />Beneficiary. Any sums so received by Beneficiary may be used to pay for reconstruction of the destroyed improvements or if not so applied may
<br />be applied, at the option of Beneficiary, in pa ment of any indebtedness matured or unmatured secured by this Trust Deed. Such insurance will be
<br />in an amount at least equal to the lesser of the loan balance, the actual cash value of the collateral, or the replacement cost of the property, and
<br />will old minimum, cover losses caused by fire, lightning, explosion, riot, aircraft, vehicles, vandalism, civil commotion, smoke, windstorm, and hail.
<br />Timberls) will obtain and keep flood insurance in farce to cover losses by flood as required by Beneficiary and by the National Flood Insurance Act
<br />of 1968, as amended, and by regulations implementing the same. Tipsters) further agree that Beneficiary is not and will not be liable for any failure
<br />by Trustorlsl or by any insurer, for whatever reason, to obtain and keep this insurance in force.
<br />3. To keep all buildings, fixtures, attachments, and other improvements now on or hereafter placed on the property occupied and in good repair,
<br />maintenance, and condition and to neither commit nor permit any acts of waste or any impairment of the value of the property. Beneficiary may
<br />enter upon the property to inspect the same or to perform any acts authorized herein or In the loan agreements).
<br />4. In the event Trustorlsl fails to pay any liens, judgments, assessments, taxes, rents, fees, or charges or maintain any insurance on the property,
<br />buildings, fixtures, attachments, or improvements as provided herein or In the loan agreements), Beneficiary, at its option, may make such payments
<br />or provide insurance, maintenance, or repairs and any amounts paid therefor will become part of the principal indebtedness secured hereby, be
<br />immediately due and payable and bear interest at the default rate provided in the notels) from the date of payment until paid. The advancement by
<br />Beneficiary of any such amounts will in no manner limit the right of Beneficiary to declare Trustorlsl in default or exercise any of Beneficiary's other
<br />rights and remedies.
<br />5. In the event Beneficiary is a party to any litigation affecting the property or the lien of this Trust Deed, including any action by Beneficiary to
<br />enforce this Trust Deed or any suit in which Beneficiary is named a defendant (including condemnation and bankruptcy proceedings) Beneficiary
<br />may incur expenses and advance payments for abstract fees, attorneys fees Ito the extent allowed by law), costs, exppenses, appraisal fees, and
<br />other charges and any amounts so advanced will become part of the principal Indebtedness secured hereby, be immetllately due and payable and
<br />bear interest at the default rate provided in the notels) from the date of advance until paid.
<br />6. Any awa rda made to Trustorlsl 0 rth01r successors by the exercise of eminent domain are hereby assigned to BaneticImy; antl Beneficiary is
<br />hereby authorized to collect antl apply the same In payment of any intlebtetlness, mature or unheataretl, secured by this Trust Deed.
<br />7. In the event of tlefault in ft a payment when tlue of any sums securetl hereby Iorino pa 1, interest, advancements, or protective advenoas), or failure
<br />to perform or observe any covenants antl conditions contained herein, in the notelsl, loan agreementlsh or any other instruments, or any proceedings
<br />is brought untler any Bankruptcy laws, Beneficiary, at Its option, may tlecIare the entire indebtedness secured hereby to be Immetliately tlue and
<br />payable and the whole will bear interest at the default rate as provided the notelsl and Beneficiary may immetliately authorize Trustee to exercise
<br />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
<br />Trust Deetl in the manner provided by law for the form 0sor0 of mortgages on real property, including the appointment of a Receiver upon ex pane
<br />adpllc atian, notice being hereby expressly waived, Ith0of regard to the value of the property or the sufficiently thereof to discharge the
<br />debtedness secured hereby or m the loan agraninam(sl. Delay by Beneficiary in exenosl ng Its rights upon default will not be construetl as a waiver
<br />thereof and any act of Beneficiary waiving any specified default will not be construed as a waiver of any future default. If the proceeds under such
<br />sale or foreclosure are iheoffre lent to pay the total intlebtetlness securetl hereby, TruarerlsI do hereby agree to be personally ad and to pay the unpaid
<br />balan and Beneficiary will be anit dad to a oafielency lodgment.
<br />8. Should Be not cclary elect to exercise the Power of Sale granted herein, Beneficiary will notify Trustee who will recorof, publish, antl deliver to
<br />TrusorlsI such Notice of Default antl Notice 0f Sale as then requiretl by law and will in the manner provided by law, sell the property at the time
<br />and place of sale fixed In the Notice of Sale, either as a whole or in separate lots, parcels, or items and in such order as Trustee will deem expedient.
<br />Any person may bid at the sale including Trustorlsl, Trustee, or Beneficiary.
<br />9. Truster(sI hereby requests a copy of any Notice of Default or Notice of Sale hereunder to be mailed by certified mail to Trustorls) at the
<br />addressles) set forth herein.
<br />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
<br />of the property or the sufficiency thereof to discharge the indebtedness secured hereby, Is authorized and entitled to enter upon and take possession
<br />of the property in its awn name or in the name of the Trustee and d0 any acts or expend any sums it deems necessary or desirable to protect or
<br />preserve the value of the property or any interest therein, or increase the income therefrom; and with or without taking possession of the property
<br />is authorized to sue for or otherwise collect the rents, issues, crops, profits, and income thereof, including those past due and unpaid, and apply
<br />the same upon any indebtedness secured hereby or in the loan agreementlsl.
<br />No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive of any other remedy herein or by law provided
<br />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
<br />or by statute, and may be exercised concurrently, independently or successively.
<br />11. Trustorlsl acknowledges that the duties and obligations of Trustee will be determined solely by the express provisions of this Trust Deed or
<br />the Nebraska Trust Deeds Act and Trustee will not be liable except for the performance of such duties and obligations as are specifically set forth
<br />therein, and no implied covenants or obligations will be imposed upon Trustee; Trustee will not be liable for any action by it in good faith and
<br />ri easonably believed by It to be authorized or within the ofiseretion or nghts of powers conferred upon it by this Trust Deed or state law.
<br />12. The integrity a nd responsibility of Trustorlsl constitutes a part of the consideration for the obligations secured hereby. Should Trustorlsl sell,
<br />transfer, or convey the property tleso"Led herein, without prior written consent of Beneficiary, Beneficiary, at its option, may declare the entire
<br />debtedness immed telly tlue aad ppayable and may procaea in the enforcement of its rights as on any other default.
<br />13. Assignment of Rents including Pr naaus of Mineral Leases. Trustorlsl hereby assigns, transfers, and conveys to Beneficiary all rents, royalties,
<br />bonuses, and delay moneys or other proceeds that may tram time to time become due and payable under any real estate lease or under any oil, gas,
<br />gravel, rock, or other mineral le a se of any kind inclutling geothermal resources now existing or that may hereafter come Into existence, covering
<br />the property or any part thereof. All such sums so raceiveI by Beneficiary will be applied to the indebtedness secured hereby; or Beneficiary, at
<br />its option, may turn over and deliver to Trustor(at or their successors In Interest, any or all of such sums without prejudice to any of Beneficiary's
<br />rights to take and retain future sums, and without prejudice to any of Its other rights under this Trust Deed. This assignment will be construetl to
<br />be a provision for the payment or reduction of the debt, subject to the Beneficiary's option as hereinbefore provided, independent of the lien on the
<br />property. Upon pa ant in full of the debt and the recono yam a of this Trust Deed of record, this assignment will become inoperative and of no
<br />further force and effect.
<br />14. This Trust Deed constitutes a Security Agreement with respect to all the property described herein.
<br />15. The covenants contained in this Trust Deed will be deemed to be severable; in the event that any portion of this Trust Deed is determined to
<br />be void or unenforceable, that determination will not affect the validity of the remaining portions of the Trust Deed.
<br />SAN- BU /HgR FARMS INC, A Corporation
<br />By
<br />Ssident
<br />(( CORPORATE BORROWER ACKNOWLEDGMENT
<br />STATE OF A, S .��_ 1
<br />COUNTY gOF� ,�y <('�
<br />On this / day of &rA.CH2Va -I" Zell_` before me, a Notary Public, personally appeared{. YLVari /'c IYtik. /�
<br />to me known to be the person named in and who executed the foregoing instrument, who did say that he /she is U If' Q.S (ct .OM_ of
<br />the corporation; that the Instrument was signed on behalf of the corporation by authority of its board of directors; and acknowledged the execution
<br />of the instrument to be the voluntary act and deed of the corporation by it and by him /her voluntarily ut
<br />(SEAL) ��,fri✓— <¢—C^-
<br />III A' I-I 6lIA WR 'R, rFl
<br />BY Caen B�.Mp13, 1033 hype nameundandfor said J
<br />My commission ex Notary Public in and for said County and State
<br />Ap #: 00265387; Primary Customer ID #: 00100449; CIF #: 103461 Legal Doc. Date: September 09, 2002
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