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<br />200610128
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<br />Neither the acceptance ofthis Trust Deed nor its enforcement whether by court action or pursuant to
<br />the power of sale or other powers herein contained, shall prejudice or in any manner affect Trustee's or Beneficiary's right
<br />to realize upon or enforce any other security now or hereafter held by Trustee or Beneficiary, it being agreed that Trustee
<br />and Beneficiary, and each of them, shall be entitled to enforce this Trust Deed and any other security now or hereafter
<br />held by Beneficiary or Trustee in such order and manner as they or either of them may in their absolute discretion
<br />determine. No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive of any
<br />other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other
<br />remedy given hereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by
<br />any of the Loan Instruments to Trustee or Beneficiary or to which either of them may be otherwise entitled, may be
<br />exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Trustee or
<br />Beneficiary and either of them may pursue inconsistent remedies. Nothing herein shall be construed as prohibiting
<br />Beneficiary from seeking a deficiency judgment against the Trustor to the extent such action is permitted by law.
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<br />17. Request for Notice. Trustor hereby requests a copy of any notice of default and that any notice
<br />of sale hereunder be mailed to it at the address set forth in the first paragraph of this Trust Deed.
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<br />18. Governing Law. This Trust Deed shall be governed by the laws of the State of Nebraska. In the
<br />event that any provision or clause of any of the Loan Instruments conflicts with applicable laws, such conflicts shall not
<br />affect other provisions of such Loan Instruments which can be given effect without the conflicting provision, and to this
<br />end the provisions of the Loan Instruments are discharged or terminated orally, but only by an instrument in writing
<br />signed by the party against whom enforcement of any waiver, change, discharge or termination is sought.
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<br />19. Reconvevance bv Trustee. Upon written request of Beneficiary stating that all sums secured
<br />hereby have been paid, and upon surrender of this Trust Deed and the Note to Trustee for cancellation and retention and
<br />upon payment by Trustor of Trustee's fees, Trustee shall reconvey to Trustor, or the person or persons legally entitled
<br />thereto, without warranty, any portion of the Trust Estate then held hereunder. The recitals in such reconveyance of any
<br />matters or facts shall be conclusive proof of the truthfulness thereof. The grantee in any reconveyance may be described
<br />as "the person or persons legally entitled thereto".
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<br />20. Notices. Whenever Beneficiary, Trustor or Trustee shall desire to give or serve any notice,
<br />demand, request or other communication with respect to this Trust Deed, each such notice, demand, request or other
<br />communication shall be in writing and shall be effective only if the same is delivered by personal service or mailed by
<br />certified mail, postage prepaid, return receipt requested, addressed to the address set forth at the beginning ofthis Trust
<br />Deed. Any party may at any time change its address for such notices by delivering or mailing to the other parties hereto,
<br />as aforesaid, a notice of such change.
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<br />21. Acknowledgment bv Trustor. Trustor acknowledges that prior to the execution ofthis Trust Deed,
<br />Trustor has signed and delivered to Beneficiary a written acknowledgment stating that the Trustor understands that the
<br />document to be executed is a trust deed and not a mortgage and that the power of sale provided for in a trust deed
<br />provides substantially different rights and obligations to the Trustor than a mortgage in the event of a default or breach
<br />of obligation.
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<br />22. Acceotance bv Trustee. Trustee accepts this Trust when this Trust Deed, duly executed and
<br />acknowledged, is made a public record as provided by law.
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<br />23. Oualitv ofHusbandrv and Sale ofProoertv. It is mutually understood and agreed that Beneficiary,
<br />in making the advance(s) for which this Trust Deed is security, has investigated and is relying upon the quality of
<br />husbandry utilized upon the premises described herein, upon the agricultural and farming skills of Trustor, and upon
<br />information furnished by certain third parties whom Beneficiary has contacted regarding the financial condition and
<br />farming skills of Trustor. Accordingly, Trustor covenants and agrees that in the event of the sale or other disposition
<br />ofthe Property described herein, Beneficiary or any holder ofthe Note secured hereby shall have the right, at its option,
<br />to require that the principal amount of the indebtedness secured hereby be reduced to seventy-five percent (75%) of the
<br />principal amount disbursed, exclusive of any required payments on principal for release of security, insurance losses or
<br />condemnation awards. In the event of the exercise of such option by Beneficiary and in the event Trustor or Trustor's
<br />successors or assigns shall fail or neglect promptly to make such payments as are necessary to so reduce said principal,
<br />Beneficiary shall have the right at its option, immediately and without further notice, to declare the entire indebtedness
<br />secured or to be secured by this Trust Deed to be immediately due and payable and to exercise any rights or remedies
<br />which Beneficiary shall have under the terms of this Trust Deed. Failure of the Beneficiary to exercise this option shall
<br />not be deemed a waiver of this option as to any subsequent sale or other disposition of the Property hereinabove
<br />described or referred to herein.
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<br />24. Invalidity of Certain Provisions. If the lien of this Trust Deed is invalid or unenforceable as to
<br />any part of the debt, or if the lien is invalid or unenforceable as to any part of the Trust Estate, the unsecured or partially
<br />secured portion of the debt shall be completely paid prior to the payment of the remaining and secured or partially
<br />secured portion of the debt, and all payments made on the debt, whether voluntary or under foreclosure or other
<br />enforcement action or procedure, shall be considered to have been first paid on and applied to the full payment of that
<br />portion of the debt which is not secured or fully secured by the lien of this Trust Deed.
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<br />written.
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<br />IN WITNESS WHEREOF, Trustor has executed this Trust Deed as of the day and year first above
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<br />1!'rPr~
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<br />ST ATE OF NEBRASKA )
<br />COUNTY OF.tl4...1L ~ SS
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<br />On this 10th day of November, 2006, before me the undersigned, a Notary Public, personally came
<br />Warren J. Kirsch, a single person, by me known to be the identical person whose name is affixed to the foregoing
<br />instrument and acknowledged the execution thereof to be the voluntary act and deed of said person.
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<br />WITNESS my hand and notarial seal the day a
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<br />My Commission Expires: 3-:;;......OCj
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<br />GENEBAL NOTARY. state of Nebraska
<br />ELIZABETH A GARDUNO
<br />My Comm. Exp. March 2, 2009
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