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<br />200608655
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<br />11. Events of Default. The following shall constitute an Event of Default under this Deed of Trust:
<br />(a) Failure to pay any installment of principal or interest of any other sum secured hereby when due;
<br />(b) A breach of or default under any provision contained in the Note, this Deed of Trust, any of the loan Instruments, or any other lien or
<br />encumbrance upon the Property;
<br />(c) A writ of execution or attachment or any similar process shall be entered against Trustor which shall become a lien on the Property or
<br />any portion thereof or interest therein;
<br />(d) There shall be filed by or against Trustor or Borrower an action under any present or future federal, state or other statute, law or regulation
<br />relating to bankruptcy, insolvency or other relief for debtors; or there shall be appointed any trustee, receiver or liquidator of Trustor or Borrower
<br />or of all or any part of the Property, or the rents, issues or profits thereof, or Trustor or Borrower shall make any general assignment for the benefit
<br />of creditors;
<br />(e) The sale, transfer, lease, assignment, conveyance or further encumbrance of all or any part of or any interest in the Property, either
<br />voiuntarily or involuntarily, without the express written consent of lender; provided that Trustor shall be permitted to execute a lease of the
<br />Property that does not contain an option to purchase and the term of which does not exceed one year;
<br />(f) Abandonment of the Property;
<br />(g) If Trustor is not an individual, the issuance, sale, transfer, assignment, conveyance or encumbrance of more than (if a corporation) a
<br />total of N/A percent of its issued and outstanding stock, or (if a partnership) a total of ~ percent of partnership interests, or (if a
<br />limited liability company) a total of N/A percent of the limited liability company interests or voting rights during the period this Deed of
<br />Trust remains a lien on the Property; or
<br />(h) if the obligation secured hereby is guaranteed in whole or in part by the Farm Service Agency, borrower further agrees that the loan(s)
<br />secured by this instrument will be in default should any loan proceeds be used for a purpose that will contribute to excessive erosion of highly
<br />erodible land or to the conversion of wetland to produce or to make possible the production of an agricultural commodity, as further explained
<br />in 7 CFR Part 1940, Subpart G, Exhibit M.
<br />12. Remedies; Acceleration Upon Default. In the event of any Event of Default lender may, without notice except as required by law, declare
<br />all indebtedness secured hereby to be due and payable and the same shall thereupon become due and payable without any presentment, demand,
<br />protest or notice of any kind. Thereafter lender may:
<br />(a) Demand that Trustee exercise the POWER OF SALE granted herein, and Trustee shall thereafter cause Trustor's interest in the Property
<br />to be sold and the proceeds to be distributed, all in the manner provided in the Nebraska Trust Deeds Act;
<br />(b) Exercise any and all rights provided for in any of the loan Instruments or by law upon occurrence of any Event of Default; and
<br />(c) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver, or speCifically enforce any of the covenants hereof
<br />No remedy herein conferred upon or reserved to Trustee or lender is intended to be exclUSive of any other remedy herein, in the loan Instruments or by
<br />law provided or permitted, but each shall be cumulative, shall be in addition to every other remedy given hereunder, in the loan Instruments or now or
<br />hereafter existing at law or in equity or by statute, and may be exercised concurrently independently or successively.
<br />13. Trustee. The Trustee may resign at any time without cause, and lender may at any time and without cause appoint a successor or
<br />substitute Trustee. Trustee shall not be liable to any party, including without limitation lender, Borrower, Trustor or any purchaser of the Property, for any
<br />loss or damage unless due to reckless or willful misconduct, and shall not be required to take any action in connection with the enforcement of this Deed
<br />of Trust unless indemnified, in writing, for all costs, compensation or expenses which may be associated therewith. In addition, Trustee may become a
<br />purchaser at any sale of the Property fjudicial or under the power of sale granted herein); postpone the sale of all or any portion of the Property, as
<br />provided by law; or sell the Property as a whole, or in separate parcels or lots at Trustee's discretion.
<br />14. Fees and Expenses. In the event Trustee sells the Property by exercise of power of sale, Trustee shall be entitled to apply any sale proceeds
<br />first to payment of all costs and expenses of exercising power of sale, including all Trustee's fees, and lender's and Trustee's attorney's fees, actually
<br />incurred to extent permitted by applicable law. In the event Borrower or Trustor exercises any right provided by law to cure an Event of Default, lender shall
<br />be entitled to recover from Trustor all costs and expenses actually incurred as a result of Trustor's default, including without limitation all Trustee's and
<br />attorney's fees, to the extent permitted by applicable law.
<br />15. Future Advances. Upon request of Borrower, lender may, at its option, make additional and future advances and readvances to Borrower.
<br />Such advances and readvances, with interest thereon, shall be secured by this Deed of Trust
<br />16. Miscellaneous Provisions.
<br />(a) Borrower Not Released. Extension of the time for payment or modification of amortization of the sums secured by this Deed of Trust
<br />granted by lender to any successor in interest of Borrower shall not operate to release, in any manner, the liability of the original Borrower and
<br />Borrower's successors in interest lender shall not be required to commence proceedings against such successor or refuse to extend time for
<br />payment or otherwise modify amortization of the sums secured by this Deed of Trust by reason of any demands made by the original Borrower and
<br />Borrower's successors in interest
<br />(b) lender's Powers. Without affecting the liability of any other person liable for the payment of any obligation herein mentioned, and
<br />without affecting the lien or charge of this Deed of Trust upon any portion of the Property not then or theretofore released as security for the full
<br />amount of all unpaid obligations, lender may, from time to time and without notice (i) release any person so liable, (ii) extend the maturity or alter
<br />any of the terms of any such obligations, (iii) grant other indulgences, (iv) release or reconvey, or cause to be released or reconveyed at any time
<br />at lender's option any parcel, portion or all of the Property, (v) take or release any other or additional security for any obligation herein mentioned,
<br />or (vi) make compositions or other arrangements with debtors in relation thereto.
<br />(c) Forbearance by lender Not a Waiver. Any forbearance by lender in exercising any right or remedy hereunder, or otherwise afforded
<br />by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. The procurement of insurance or the payment of
<br />taxes or other liens or charges by lender shall not be a waiver of lender's right to accelerate the maturity of the indebtedness secured by this
<br />Deed of Trust
<br />(d) Successors and Assigns Bound; Joint and Several liability; Captions. The covenants and agreements herein contained shall bind, and
<br />the rights hereunder shall inure to, the respective successors and assigns of lender and Trustor. All covenants and agreements of Trustor shall be
<br />joint and several. The captions and headings of the paragraphs of this Deed of Trust are for convenience only and are not to be used to interpret
<br />or define the provisions hereof.
<br />(e) Request for Notices. The parties hereby request that a copy of any notice of default hereunder and a copy of any notice of sale
<br />hereunder be mailed to each party to this Deed of Trust at the address set forth in the manner prescribed by applicable law. Except for any other
<br />notice required under applicable law to be given in another manner, any notice provided for in this Deed of Trust shall be given by mailing such
<br />notice by certified mail addressed to the other parties, at the address set forth above. Any notice provided for in this Deed of Trust shall be effective
<br />upon mailing in the manner designated herein. If Trustor is more than one person, notice sent to the address set forth above shall be notice to all
<br />such persons.
<br />(f) Inspection. lender may make or cause to be made reasonable entries upon and inspections of the Property, provided that lender shall
<br />give Trustor notice prior to any such inspection specifying reasonable cause therefor related to lender's interest in the Property.
<br />(g) Reconveyance. Upon payment of all sums secured by this Deed of Trust, lender shall request Trustee to reconvey the Property and
<br />shall surrender this Deed of Trust and all notes evidencing indebtedness secured by this Deed of Trust to Trustee. Trustee shall reconvey the
<br />Property without warranty and without charge to the person or persons legally entitled thereto. Trustor shall pay all costs of recordation, if any.
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