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<br />200901685
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<br />Agreement for Sale and Purchase of Real Estate dated January 22, 2009.
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<br />TO PROTECT THE SECURITY OF THIS DEED OF TRUST:
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<br />1. PAYMENT OF INDEBTEDNESS. Trustors shall pay when due the principal of, and
<br />the interest on, the indebtedness evidenced by the Note, charges, fees and all other sums as
<br />provided in the Loan Instruments.
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<br />2. REAL ESTATE TAXES. Trustors thru Coffin's Corner, Inc. shall pay all real estate
<br />taxes as they become due and provide proof of payment to the Beneficiaries.
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<br />3. INSURANCE AND REPAIRS. Upon closing, Trustors shall provide Beneficiaries
<br />with a policy of fire and extended coverage insurance insuring the buildings and improvements
<br />constituting the trust estate, for an amount no less than the replacement value of the buildings
<br />and improvements. Trustors shall promptly repair, maintain and replace the Trust estate or
<br />any part thereof so that, except for ordinary wear and tear, the Trust estate shall not
<br />deteriorate. In no event shall the Trustors commit waste on or to the Trust estate.
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<br />In addition to casualty insurance, Trustors shall, at closing, provide Beneficiaries with a
<br />policy of comprehensive liability insurance covering the premises and protecting the
<br />Beneficiaries and Trustors from all claims, demands, lawsuits, costs, and judgments out of
<br />injury to persons or damage to property occurring on the premises. The coverage shall be in
<br />an amount not less than $2,000,000.00 single limit for bodily injury and property damage.
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<br />The casualty insurance policy shall contain a standard mortgage clause in favor of
<br />Beneficiary and shall not be cancellable, terminable or modifiable without thirty (30) days prior
<br />written notice to Beneficiary. The comprehensive general liability policy shall name
<br />beneficiary as an additional insured and the policy shall contain a thirty (30) day cancellation
<br />notice to beneficiary provision showing the insurance to be in full force and effect at all times
<br />during the term of this Deed of Trust.
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<br />4. ACTIONS AFFECTING TRUST ESTATE. Trustors shall appear in and contest any
<br />action or proceeding purporting to affect the security hereof or the rights or powers of
<br />Beneficiaries or Trustee, and shall pay all costs and expenses, including cost of evidence of
<br />title and attorney's fees, in any such action or proceeding in which Beneficiaries or Trustee
<br />may appear. Should Trustors fail to make any payment or to do any act as and in the manner
<br />provided in any of the Loan Instruments, Beneficiaries and/or Trustee, each in its own
<br />discretion, without obligation, may make or do the same in such manner and to such extent as
<br />either may deem necessary to protect the security hereof. Trustors shall, immediately upon
<br />demand therefor by Beneficiaries, pay all costs and expenses incurred by Beneficiaries in
<br />connection with the exercise by Beneficiaries of the foregoing rights, including, without
<br />limitation, costs of evidence of title, court costs, appraisals, surveys and attorney's fees. Any
<br />such costs and expenses not paid within ten (10) days of written demand shall draw interest at
<br />the default rate provided in the Note.
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<br />5. EMINENT DOMAIN. Should the Trust Estate, or any part thereof or interest
<br />therein, be taken or damaged by reason of any public improvement or condemnation
<br />proceeding, or in any other manner including deed in lieu of Condemnation ("Condemnation"),
<br />or should Trustors receive any notice or other information regarding such proceeding, Trustors
<br />shall give prompt written notice thereof to Beneficiaries. Beneficiaries shall be entitled to all
<br />compensation and condemnation awards and other payments or relief therefor, and shall be
<br />entitled to make any compromise or settlement in connection with such taking or damage. All
<br />such compensation and condemnation, awards, damages, rights of action and proceeds
<br />awarded to Trustors (the "Proceeds") are hereby assigned to Beneficiaries; and Trustors
<br />agree to execute such further assignments of the Proceeds as Beneficiaries or Trustee may
<br />require.
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<br />6. APPOINTMENT OF SUCCESSOR TRUSTEE. Beneficiaries may, from time to
<br />time, by a written instrument executed and acknowledged by Beneficiaries, mailed to Trustors
<br />and recorded in the County in which the Trust Estate is located and by otherwise complying
<br />with the provisions of the applicable law of the State of Nebraska substitute a successor or
<br />successors to the Trustee named herein or acting hereunder.
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