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This Trust Deed will be due April 01 2012. 200212810 Tru tons) hereby warrants that -frictional holds fee simple title to the above described property, that Trustoqs) has good and lawful authority to deed and encumber the same, that the property s free and clear of all liens and encumbrances, except encumbrances of record, and that Trustorlsl will warrant and defend the property, t Trustorlsl expense, against all claimants whomsoever. Trustorlsl also hereby waives and relinquishes all rights of dower, homestead, distrihutive share, and exemption In and to the above described property. Trustorlsl and each of them further covenants and agree. with Beneficiary as follows: 1. 1. pay all liens, lodgments, or other assessments against the property, and to pay when due all assessments, taxes, rents, fees, or charges upon the proper, or under any lease, permit, license, or privilege assigned W Beneficiary as additional security to this Trust Deed, including those in or on public domain. 2. 1 a insure antl keep insured buildings and other improvements including fixtures and attachments now on or hereafter placed on the properly to The satisfaction of Beneficiary. Such insurance will be approved by and deposited! with Beneficiary, and endorsed with loss payable clause to Beneficiary. Any same so received by Beneficiary may be used to pay for reconstruction of the destroyed improvements or if not so applied mey be applied, at the option Of Beneficiary, in payment of any indebtedness matured or unburdened secured by this Trust Dead. Such insurance will be 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 will at a minimum, cover losses caused by fire, lightning, explosion, riot, aircraft, vehicles, vandalism, civil commotion, smoke, windstorm, and hail. Tractors) will obtain and keep flood insurance in force 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. Trustorlsl further agree that Beneficiary is not and will not be liable for any failure by Trustorlsl or by any insurer, fur 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 Ule property. Beneficiary may enter upon the property to inspect the same or to perform any e acts authorized herein or in the loan agreemeni n r moor T,uetnrlel fail, to nv„ nm, Lcna led —ri-on a essmants. texas bads, fees, or charges or maintain any Insurance on the preparty, is no manner or the lien of this Trust Deed, including any action by Beneficiary to '(including condemnation and bankruptcy proceedings) Beneficiary (to the extent allowed by law), costs, axpenses, appraisal fees, and I indebtedness secured hereby, be immediately due and payable and ,us until paid. linen' domain are hereby assigned to Beneficiary; and Beneficiary is rasa, mature or unmatured, secured by this Trust Deed. (principal, interest, advancements, or protective advances), or failure lets), loan agneomenrys), or any other instruments, or any proceedings e the entire debtedness secured hereby to be immediately due and oodai and Beneficiary may immediately authorize Trustee to exercise at Deeds Act, or, at the option of the Beneficiary, may foreclose the real county. Including the appointment of a Receiver upon ex parts .Ct Of Beneficiary we.crig 8Oy Speciflad default will not be construed as a waiver of any future default. If the proceeds ender each e are insufficient to pay the total indebtedness secured hereby. Trustorlsl do hereby agree to be personally bound to pay the unpaid eficiarV will be entitled to a deficiency judgment. publish, and deliver to ficiary elect to exercise the Power of Sale granted herein, Beneficiary will notify Trustee who will record, pu Notice of Default and Nonce of Sale as then required by law and will in the manner provided by law, sell the property at the time I fixed in the Notice of Sale, either as a whole or In separate Iota, parcels, or items and in such order as Trustee will deem expedient. bid at the set. inclutling Tru tstIP), Trustee, or Benmi ereby requests a copy of any Notice of Default or Notice of Sale hereunder to be mailed by certified mail to Trustorlsl at the of the property in its own name or in the name of the Trustee and do any acts or expend any sums it deems necessary or desirable to protect or preserve [he value of the property or any interest therein, or increase the Income therefrom; and with or without taking possession of the property is uutheri ud to sue for or at collect the rents, issues, crops, profits, and income thereof, Including those past due and unpaid, and apply the some upon any intlebtetlness seccuretl hereby or in the loan aggreemen[sl. No remetly herein conferred upon or reserved to Trustee or Banaf¢iary is intentlad to be exclusive of anY other remedy herein or by law provided or permittetl, but Hach will be cumulative, well be in atltlition to every other remetly given hemuntler or now or heraatter existing at law or In equity r Ly statu W, and may be exercised concurrently, Indepentlen[ly or successively. 11. rusWrlsl acknowledges that the tluties and nhligatlons of Trustee will be tletermined solely by the express provisions of this Trust Deed or the Nebraska Trust Deeds Act and Trustee will not be liable except for the performance of such duties antl ebliganons as are sperilically at tonh therein, antl no implietl covenants or obligations will be imposed upon Trustee; Trustee will not be liable for y action by it in gmtl faith and reasonably believed by it to be authorizetl or within the discretion or rights of powers conferratl upon it by Mis Trust Deetl or state law. 12. The integrity and responsibility of Trusterlsl constitutes a par[ of the consideration for [he obligations securetl hereby. Sheuld Trustorlsl sell, transfeq or convey the propperty tlescnbed herein, without prior written consent of Beneficiary, Beneficiary, et its option, may declare the entire JuLtetlness immediately Aue and payable and may proceetl in [he enforcement of its rights as on any other default. 13. Assignment ul Rents including Proceeds of Mineral Leases. Trustorlsl hereby assigns, transfers, and conveys to Beneficiary all rents, royalties, . bonuses, antl tlelay oneys or other proceeds that may from time to time become tlue anJ payably under any real estate lease or untler enV oil, gas. gravel, rack, er other mir rat lease f any kind inclutling Beothermel resources now existing o roar may hereafter come into existence. coo Irat r the property or any pan thereof All such sums so recewetl by Beneficiary will be applied to the Indebtedness securetl hereby; or Beneficiary, t its option, may turn over and deliver to Trustorlsl or their successors in interest, any or all of such sums without prejudice m any of Beneficiary's rights to take an retain future sums, and without debt, subject jto any of ire other rigMS under this Trust Deed. This sin spa nt will be construed e be a provision for Ihu payment or reduction of the tlebt subject to [he Beneficiaryy's option as hereinhefore provitletl, indapentlenl of the Ilan on [M1e property. Upon payment in full of the debt and the reconveyonce of this Trust Doed of record, this asa,dounot will become inoperative and of no further fare. and after,' 14. This Trust Deed constitutes a Security Agreement with respect to all the property described herein. 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 be void or unenforceable, that tletermination will not affect the validity of the remaining portions arms Trust Deed. WOITASZEWSKI BROTHERS FARM, A Joint Venture BY JERRY & LINDA WOITASZEWSKI'S CORPORATION, a Corporation, a Joint Venturer k'_/�/1i By -7�W Rr/ R Y W�STSZEvT15 , Preside BY: RON & KATHY WOITASZEWSKI'S CORPORATION, a C., ... lien, a Joint Venturer —Tt^ By 4L" R IT 11, Presldr, t BY KEN && DEBRA WOITASZEWSKI'S CORPORATION, a Corporation, a Joint Venturer By. / \Y //l BY DENNIS & KIM WOI IASZEWSKI'S CORPORATION, a Corporation, a Joint Venturer By< /1P/Y%sa DENNIS WOITASZEWSKI, President Ap p: 00242973; Primary Customer ID N: 00070027; CIF B: 76870 Legal Doc. Data November 04, 2002 FO IM 5011. Trust Deed and Assignment of Rents Page 2