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.; . t 'j> 200903244 (12) Assignment of Rents. Trustor hereby transfers, sets over and conveys to Beneficiary all rents and profits that may from time to time become due and payable under any real estate lease covering the above Trust Estate or any part thereof. All such sums so received by Beneficiary shall be applied to the indebtedness secured hereby; or said Beneficiary may, at its option, turn over and deliver to the Trustor or his 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 prejudice to any of its other rights under this Trust Deed. The transfer and conveyance hereunder to Beneficiary of said rents shall be construed to be a provision for the payment or reduction of the debt, subject to the Beneficiary's option as hereinbefore provided, independent of the lien on said Trust Estate. Upon payment in full of the debt and the reconveyance of this Trust Deed of record, this conveyance shall become inoperative and of no further force and effect. (13) Miscellaneous. The covenants contained in this Trust Deed shall be deemed to be severable; in the event that any portion ofthis Trust Deed is determined to be void or unenforceable, that determination shall not affect the validity ofthe remaining portions ofthe Trust Deed. The lien ofthis Trust Deed shall not merge with the judgment held by Beneficiary against Trustor, nor shall the lien of such judgement merge with this Trust Deed. The promissory note that is secured by this Trust Deed shall not merge with any such judgment nor shall such judgement merge with the promissory note. The lien of any security agreement given to secure the note shall not merge with the lien of any such judgment, nor shall any such judgment merge with a security agreement given to secure the promissory note. The parties agree that the doctrine of merger is not applicable to this deed of trust, the promissory note, any security given to secure the promissory note, or said judgment. ~ Robert L. Siemers, STATEOFNEBRASKA ) ) ss: CoumyofHALL ) On this is.... day of April, 2009, before me, a Notary Public, personally appeared Robert L. Siemers, a single person, to me known to be the person named in and who executed the foregoing Trust Deed, and acknowledged that he executed the same as his voluntary act and deed. 7rn1tJ~ Notary Public My Comm. Expires: /4. 1/. Il- . . GENERAL MOTARY . State 01 NebfaSka I TOM WIECK f$ei>comm. Exp. Oct. 31, 2012 I -5-