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1. To pay all liens, judgments, or ether assessments against the property, and to pay when due all assessments, taxes, r t fees, nr charges open the property or under any lease, permit, license, or privilege assigned to Benebnay as additional security to this Trust Deed, including those in or an public dan in. 2. To Insure and keep insured huddings and other improvements 'rocludinp 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 Beneficiary, and endorsed with loss payable clause to Beneficiary. Any sums so received by Benebcmry may be used to pay for reconstruction of the destroyed improvements n if not se applied may be applied at at the option of Beneficiary, in payment of any Indebtedness Inaluretl or unmaturetl secured by this Trust Deed Such insurance will be ant 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. Trustorlsl will obtain and keep flood insurance in farce 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, 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 condition and to neither commit nor permit any acts of waste or any Impairment of the value of the Pruperty. Bereeclmy rnoy enter upon the property to inspect the same or to perform any acts authorized herein or in the loan agreementls) 4. In the event Trustorlsl fails to pay any hens, judgments, assessments, taxes, rants, fees, or charges or maintain any insurance on the property, buildings. fixtures, attachments, or imurovements as provided herein or in the loan aoreementle), Beneficiary, at Its option, may make such payments Beneficiary of any turn amounts will In no manner limit the right or beneficiary to declare I rustorlsl In version or exercise any OI Penenclary s other rights and remedies. 5. In the event Beneficiary Ic a party to any litigation affecting the property or the lien of this Trust Dean, including any action by Beneficiary to enforce this Trust Deed or any suit in which Beneficiary Is rained a defendant (including condemnation and bankruptcy proceedings) Beneficiary may incur expenses and advance payments for abstract lees, attorneys lies to the extent allowed by law), costs, expenses, appraisal fees, and other charges and any amounts so advanced will become part of the principal indebtedness secured hereby, be Immd.lalely due and payable and bear interest at the defauh rate provided in the notels) from the date of advance until paid. 6. Any awards made to Trustorlsl or their successors by the exercise of eminent domain are hereby assigned to Beneficiary; and Beneficiary is hereby authorized to collect and apply the same In payment of any indebtedness, mature or unmatured, secured by this Trust Deed. ]. In the event of default In the payment when due of any auras secured hereby (principal, interest, advancements, or protective advances), or failure to poerform or observe any covenants and conditions contained herein. In the heads), loan agreements), or any other InsImprents, or any proceedings Is hr ght under any Bankruptcy laws, Beneficiary, at its option, may declare the entire Indebtedness secured hereby to be Immediately due and payable and the whole will hear interest at the default rate as provided in the notels) and Beneficiary may immediately 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 Deed in the manner provided by law for the foreclosure of mortgages on real property, including the appointment of a Receiver upon ex parts application, notice bdum hereby expreaalV waived, without record to the value of the property or the sufficiently thereof to dieeharge the Indebtedness secured h=i or mire loan agreemmtls4 Delay by benehelary In excesing Its rights upon nelaull will not pit construed as a waiver thereof and any act Of Beranclary war Vlnqq any Specified default will not be construed as a waiver of any future defauh. If the proceeds under s1IDh sale or foreclosure are Insufflclent m pay the total indebtedness second hereby, Trustorlsl do hereby agree to be personally bound to pay the unpaid balance, and Beneficiary will be entitled to a deficiency judgment. B. Should Beneficiary elect to exercise the Power of Sale granted herein, Beneficiary will notify Trustee who will record, publish, and deliver to Trustorlsl such Notice 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 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 editor expedient. Any person may bid at the sale including Trummis), Trustee, or Beneficiary. 9. Tunisians) hereby requests a copy of any Notice of Default or Notice of Sale hereunder t0 be mailed by certified mail to Trustorlsl at the address(.) setforth heroin_ 10. Upon detach, Benefialary, 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 sufficiency thereof to discharge the indebtedness reamed hereby, is authorized and entitled to enter upon and take possession 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 the value of the property or any interest therein, or increase the income therefrom; and with or without taking possession of the property is authorized to sue for or otherwise collect the rants, issue, crops, profits, and income thereof, including those past due and unpaid, and apply the same upon any indebtedness or hereby or in the loan a99r mends). No remedy herein each will upon o reserved be Trustee or Been, every ry Is Intended i be exclusive of any other remedy ratio or by law provided Or permitted, but each will ex rcised concurrently, tl in ndep n en every other remedy y'rven hereunder or now or hereafter exisliny at law or In equity or by stature, and may he exercised concurrently, independently or successively. 11. Trustorlsl acknowledges that the duties and t be lie le of Trustee will be determined solely the express provisions of this Trust Dead or the Nebraska Trust Deeds Act and Trustee will not be liable except for the performance a will t be duties and nor an ac as are specifically set forth therein, and no implied covenants a obligations wit will be imposed upon Trustee; Trustee will not be liable for any action by it in good faith and reasonably believed by it to si authorized or within the utes atparor rights of powers conferred upon It by this Trust Deed or state law. 12. The integrity and responsibility c Trustorlsl constitutes ri par[ of the consent Beneficiary, for the obligations y, at its hereby. may de Trustorlsl stir, indebtedness e s immediately the ly property described herein, without prior written consent of Beneficiary, Beneficiary, defa option, may declare the entire indebtedness immediately due and payable and may proceed In the, enforcement of its rights as on any other default. 13. bon uses, n d delay m Rents including r proceed of Mineral Leases, Trustorlsl hereby assigns, transfers, and any real estate Beneficiary all rents, royalties, bonuses, and tlelav mpneYS or other proceeds that may from time to brae become due an payable under any real estate lease or under any all, gas, gravel, rock, Or otner mmeral lease or any Klna mcluoing geothermal resources now existing or that may nure9l wr coma rata exlslmce. Coventry the property or any part thereof. All such sums so received by Beneficiary will be applied to the indebtedness secured hereby; or Beneficiary, at its option, may turn nvar and deliver to Trustorlsl or their successors in interest, any or all of such sums without prejudice to any of Beneficiary's rights to take and retain future sums, and without prsiudlee to any of Its other rights under this Trust Deed. This assignment will be construed to be u provision for the payment or reduction of the debt, subject to the Beneficiary's option as hereinbefore provided dependent of the lien on the property. Upon payment in full of The debt and the reconveyanae of this Trust Deed of record, this assignment will become inoperative and of no further force and effect. 14. This Trust Deed constitutes a Security Agreement with respect to all the property described herein. 15. The covenants contained in this Trust Dead will be deemed to be severable; in the event that any portion of this Trust Deed is determined to be void or ``unenforceable, that determination will not affect the validity of the r nq portions of the Trust Dead. I�.Y A�t�c Y1 INDIVIDUAL BORROWER ACKNOWLEDGMENT SIA1b OF NTF,1oAgyA 1 ss COUNTY OF 11AT,T, 1 On this qrt day of tr, ML,, , �Z, before me, a Notary Public, personally appeared Kevin J. Kenyon, a /k /a Kevin Kenyon, a married person to me known to be the personlsl named in and who executed the foregoing instrument, and acknowledged that he executed the same as his voluntary act and deed. GENEAHL NOiAAY - Smoot Ne0ra5Ya o (SEAL) � ECHO ALCORN My Camm. EV.March21, 2008 Echo Alcorn March 21, 2006 I [,,a name under siynnture) My commission expires Notary Public in and for said County and State INDIVIDUAL BORROWER ACKNOWLEDGMENT STATE OF NERRASKA I 1 as COUNTY OF HALL I On this 10th day of Decemher 2002 before me, a Notary Public, personally appeared Robyn L. Kenyon, a married person Ap #: 00275811; Primary Customer ID #: 00101945; CIF #: 105585 Legal Doc. Date: December 09, 2002 FORM 5011, Trust Deed and Assignment of Rents Page 2 200213892 Trustorlsl and each of them further covenants and agrees with Beneficiary as follows: 1. To pay all liens, judgments, or ether assessments against the property, and to pay when due all assessments, taxes, r t fees, nr charges open the property or under any lease, permit, license, or privilege assigned to Benebnay as additional security to this Trust Deed, including those in or an public dan in. 2. To Insure and keep insured huddings and other improvements 'rocludinp 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 Beneficiary, and endorsed with loss payable clause to Beneficiary. Any sums so received by Benebcmry may be used to pay for reconstruction of the destroyed improvements n if not se applied may be applied at at the option of Beneficiary, in payment of any Indebtedness Inaluretl or unmaturetl secured by this Trust Deed Such insurance will be ant 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. Trustorlsl will obtain and keep flood insurance in farce 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, 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 condition and to neither commit nor permit any acts of waste or any Impairment of the value of the Pruperty. Bereeclmy rnoy enter upon the property to inspect the same or to perform any acts authorized herein or in the loan agreementls) 4. In the event Trustorlsl fails to pay any hens, judgments, assessments, taxes, rants, fees, or charges or maintain any insurance on the property, buildings. fixtures, attachments, or imurovements as provided herein or in the loan aoreementle), Beneficiary, at Its option, may make such payments Beneficiary of any turn amounts will In no manner limit the right or beneficiary to declare I rustorlsl In version or exercise any OI Penenclary s other rights and remedies. 5. In the event Beneficiary Ic a party to any litigation affecting the property or the lien of this Trust Dean, including any action by Beneficiary to enforce this Trust Deed or any suit in which Beneficiary Is rained a defendant (including condemnation and bankruptcy proceedings) Beneficiary may incur expenses and advance payments for abstract lees, attorneys lies to the extent allowed by law), costs, expenses, appraisal fees, and other charges and any amounts so advanced will become part of the principal indebtedness secured hereby, be Immd.lalely due and payable and bear interest at the defauh rate provided in the notels) from the date of advance until paid. 6. Any awards made to Trustorlsl or their successors by the exercise of eminent domain are hereby assigned to Beneficiary; and Beneficiary is hereby authorized to collect and apply the same In payment of any indebtedness, mature or unmatured, secured by this Trust Deed. ]. In the event of default In the payment when due of any auras secured hereby (principal, interest, advancements, or protective advances), or failure to poerform or observe any covenants and conditions contained herein. In the heads), loan agreements), or any other InsImprents, or any proceedings Is hr ght under any Bankruptcy laws, Beneficiary, at its option, may declare the entire Indebtedness secured hereby to be Immediately due and payable and the whole will hear interest at the default rate as provided in the notels) and Beneficiary may immediately 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 Deed in the manner provided by law for the foreclosure of mortgages on real property, including the appointment of a Receiver upon ex parts application, notice bdum hereby expreaalV waived, without record to the value of the property or the sufficiently thereof to dieeharge the Indebtedness secured h=i or mire loan agreemmtls4 Delay by benehelary In excesing Its rights upon nelaull will not pit construed as a waiver thereof and any act Of Beranclary war Vlnqq any Specified default will not be construed as a waiver of any future defauh. If the proceeds under s1IDh sale or foreclosure are Insufflclent m pay the total indebtedness second hereby, Trustorlsl do hereby agree to be personally bound to pay the unpaid balance, and Beneficiary will be entitled to a deficiency judgment. B. Should Beneficiary elect to exercise the Power of Sale granted herein, Beneficiary will notify Trustee who will record, publish, and deliver to Trustorlsl such Notice 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 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 editor expedient. Any person may bid at the sale including Trummis), Trustee, or Beneficiary. 9. Tunisians) hereby requests a copy of any Notice of Default or Notice of Sale hereunder t0 be mailed by certified mail to Trustorlsl at the address(.) setforth heroin_ 10. Upon detach, Benefialary, 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 sufficiency thereof to discharge the indebtedness reamed hereby, is authorized and entitled to enter upon and take possession 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 the value of the property or any interest therein, or increase the income therefrom; and with or without taking possession of the property is authorized to sue for or otherwise collect the rants, issue, crops, profits, and income thereof, including those past due and unpaid, and apply the same upon any indebtedness or hereby or in the loan a99r mends). No remedy herein each will upon o reserved be Trustee or Been, every ry Is Intended i be exclusive of any other remedy ratio or by law provided Or permitted, but each will ex rcised concurrently, tl in ndep n en every other remedy y'rven hereunder or now or hereafter exisliny at law or In equity or by stature, and may he exercised concurrently, independently or successively. 11. Trustorlsl acknowledges that the duties and t be lie le of Trustee will be determined solely the express provisions of this Trust Dead or the Nebraska Trust Deeds Act and Trustee will not be liable except for the performance a will t be duties and nor an ac as are specifically set forth therein, and no implied covenants a obligations wit will be imposed upon Trustee; Trustee will not be liable for any action by it in good faith and reasonably believed by it to si authorized or within the utes atparor rights of powers conferred upon It by this Trust Deed or state law. 12. The integrity and responsibility c Trustorlsl constitutes ri par[ of the consent Beneficiary, for the obligations y, at its hereby. may de Trustorlsl stir, indebtedness e s immediately the ly property described herein, without prior written consent of Beneficiary, Beneficiary, defa option, may declare the entire indebtedness immediately due and payable and may proceed In the, enforcement of its rights as on any other default. 13. bon uses, n d delay m Rents including r proceed of Mineral Leases, Trustorlsl hereby assigns, transfers, and any real estate Beneficiary all rents, royalties, bonuses, and tlelav mpneYS or other proceeds that may from time to brae become due an payable under any real estate lease or under any all, gas, gravel, rock, Or otner mmeral lease or any Klna mcluoing geothermal resources now existing or that may nure9l wr coma rata exlslmce. Coventry the property or any part thereof. All such sums so received by Beneficiary will be applied to the indebtedness secured hereby; or Beneficiary, at its option, may turn nvar and deliver to Trustorlsl or their successors in interest, any or all of such sums without prejudice to any of Beneficiary's rights to take and retain future sums, and without prsiudlee to any of Its other rights under this Trust Deed. This assignment will be construed to be u provision for the payment or reduction of the debt, subject to the Beneficiary's option as hereinbefore provided dependent of the lien on the property. Upon payment in full of The debt and the reconveyanae of this Trust Deed of record, this assignment will become inoperative and of no further force and effect. 14. This Trust Deed constitutes a Security Agreement with respect to all the property described herein. 15. The covenants contained in this Trust Dead will be deemed to be severable; in the event that any portion of this Trust Deed is determined to be void or ``unenforceable, that determination will not affect the validity of the r nq portions of the Trust Dead. I�.Y A�t�c Y1 INDIVIDUAL BORROWER ACKNOWLEDGMENT SIA1b OF NTF,1oAgyA 1 ss COUNTY OF 11AT,T, 1 On this qrt day of tr, ML,, , �Z, before me, a Notary Public, personally appeared Kevin J. Kenyon, a /k /a Kevin Kenyon, a married person to me known to be the personlsl named in and who executed the foregoing instrument, and acknowledged that he executed the same as his voluntary act and deed. GENEAHL NOiAAY - Smoot Ne0ra5Ya o (SEAL) � ECHO ALCORN My Camm. EV.March21, 2008 Echo Alcorn March 21, 2006 I [,,a name under siynnture) My commission expires Notary Public in and for said County and State INDIVIDUAL BORROWER ACKNOWLEDGMENT STATE OF NERRASKA I 1 as COUNTY OF HALL I On this 10th day of Decemher 2002 before me, a Notary Public, personally appeared Robyn L. Kenyon, a married person Ap #: 00275811; Primary Customer ID #: 00101945; CIF #: 105585 Legal Doc. Date: December 09, 2002 FORM 5011, Trust Deed and Assignment of Rents Page 2