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<br />200610146
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<br />necessary or desirable to protect or preserve the value of the property or any interest therein, or
<br />increase the income therefrom; and with or without taking possession of the property is authorized to
<br />sue for or otherwise collect the rents, issues, crops, profits, and income thereof, including those past
<br />due and unpaid, and apply the same upon any indebtedness secured hereby or in the loan
<br />agreement(s).
<br />No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive of
<br />any other remedy herein or by law provided or permitted, but each will be cumulative, will be in addition
<br />to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute, and
<br />may be exercised concurrently, independently or successively.
<br />11. Trustor(s) acknowledges that the duties and obligations of Trustee will be determined solely by the
<br />express provisions of this Trust Deed or the Nebraska Trust Deeds Act and Trustee will not be liable
<br />except for the performance of such duties and obligations as are specifically set forth therein, and no
<br />implied covenants or obligations will be imposed upon Trustee; Trustee will not be liable for any action
<br />by it in good faith and reasonably believed by it to be authorized or within the discretion or rights of
<br />powers conferred upon it by this Trust Deed or state law.
<br />12. The integrity and responsibility of Trustor(s) constitutes a part of the consideration for the
<br />obligations secured hereby. Should Trustor(s) sell, transfer, or convey the property described herein,
<br />without prior written consent of Beneficiary, Beneficiary, at its option, may declare the entire
<br />indebtedness immediately due and payable and may proceed in the enforcement of its rights as on any
<br />other default.
<br />13. Assignment of Rents including Proceeds of Mineral Leases. Trustor(s) hereby assigns, transfers,
<br />and conveys to Beneficiary all rents, royalties, bonuses, and delay moneys or other proceeds that may
<br />from time to time become due and payable under any real estate lease or under any oil, gas, gravel,
<br />rock, or other mineral lease of any kind including geothermal resources now existing or that may
<br />hereafter come into existence, covering the property or any part thereof. All such sums so received by
<br />Beneficiary will be applied to the indebtedness secured hereby; or Beneficiary, at its option, may turn
<br />over and deliver to Trustor(s) or their successors in interest, any or all of such sums without prejudice to
<br />any of Beneficiary's rights to take and retain future sums, and without prejudice to any of its other rights
<br />under this Trust Deed. This assignment will be construed to be a provision for the payment or reduction
<br />of the debt, subject to the Beneficiary's option as hereinbefore provided, independent of the lien on the
<br />property. Upon payment in full of the debt and the reconveyance of this Trust Deed of record, this
<br />assignment will become inoperative and of no 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
<br />portion of this Trust Deed is determined to be void or unenforceable, that determination will not affect
<br />the validity of the remaining portions of the Trust Deed.
<br />
<br />
<br />By
<br />
<br />By ~~ x;;;::/
<br />
<br />Steven toner, Member /
<br />
<br />LLC ACKNOWLEDGMENT - MEMBER(S)
<br />
<br />STATE OF Nebraska
<br />
<br />)
<br />)ss
<br />)
<br />
<br />COUNTY OF Hall
<br />
<br />On this 10th day of
<br />
<br />November, 2006
<br />
<br />before me, a Notary Public, personally
<br />appeared
<br />
<br />James T Toner
<br />to me known to be the person(s) named in and who executed the foregoing instrument, who did say that
<br />he/she/they is/are member(s) of SJT Properties,
<br />a limited liability company; that the instrument was signed on behalf of the limited liability company by
<br />authority of its members" and themember(s) acknowledged the execution of the instrument to be the
<br />voluntary act and deed of the limited liability company by it and by him/her/them voluntarily executed.
<br />
<br />
<br />U~.t' ;21
<br />
<br />(SEAL)
<br />
<br />
<br />GENERAl NOTARY * Slate of Nebraska
<br />SANDRA L PRIEST
<br />My QImm. ElqI. Mar 22, 2010
<br />
<br />(Type name under signature)
<br />Notary Public in and for said County and State
<br />
<br />My commission expires May 22, 2010
<br />
<br />App#: 90438; CIF#: 150530; Note#: 101
<br />FORM 5011, Trust Deed and Assignment of Rents
<br />
<br />232JP
<br />
<br />,Le!f'1 Doc. Date: November 10, 2006
<br />, " P~e3
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