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20090422' 11. Trustor(s) acknowledges that the duties and obligations of Trustee will be determined solely by the express provisions of this Trust Deed or the Nebraska Trust Deeds Act and Trustee will not be liable except for the performance of such duties and obligations as are specifically set forth therein, and no implied covenants or obligations will be imposed upon Trustee; Trustee will not be liable for any action by it in good faith and reasonably believed by it to be authorized or within the discretion or rights of powers conferred upon it by this Trust Deed or state law. 12. The integrity and responsibility of Trustor(s) constitutes a part of the consideration for the obligations secured hereby. Should Trustor(s) sell, transfer, or convey the property described herein, without prior written consent of Beneficiary, Beneficiary, at its option, may declare the entire indebtedness immediately due and payable and may proceed in the enforcement of its rights as on any other default. 13. Assignment of Rents including Proceeds of Mineral Leases. Trustor(s) hereby assigns, transfers, and conveys to Beneficiary all rents, royalties, bonuses, and delay moneys or other proceeds that may from time to time become due and payable under any real estate lease or under any oil, gas, gravel, rock, or other mineral lease of any kind including geothermal resources now existing or that may hereafter come into existence, covering the property or any part thereof. All such sums so received by Beneficiary will be applied to the indebtedness secured hereby; or Beneficiary, at its option, may turn over and deliver to Trustor(s) or their 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. This assignment will 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 the property. Upon payment in full of the debt and the reconveyance of this Trust Deed of record, this assignment will become inoperative and of no further force and effect. 14. This Trust Deed constitutes a Security Agreement with respect to all the property described herein. 15. The covenants contained in this Trust Deed will be deemed to be severable; in the event that any portion of this Trust Deed is determined to be void or unenforceable, that determination will not affect the validity of the remaining portions of the Trust Deed. Gary ICI 'm Met enbnnk A Mettenbrink y~arol J INDIVIDUAL BORROWER ACKNOWLEDGMENT STATE OF Nebraska COUNTY OF Hall )55 ) On this~~, day of May, 2009 before me, a Notary Public, personally appeared --- ---- ---- Gary Mettenbrink, A/K/A Gary R Mettenbrink and Kim E Mettenbrink, husband and wife __ to me known to be the person(s) named in and who executed the foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. GENERAL NOTARY - State of Nebraska (SEAL) ~ RQSALIE R. FAY My Comm. Exp. May 16, 2010 ~ f ~ F,~ (Type name un er slgnature)y My commission expires dfo Notary Public in and for said County and State INDIVIDUAL BORROWER ACKNOWLEDGMENT STATE OF Nebraska COUNTY OF Hall )ss On this day of _May, 2009 before me, a Notary Public, personally appeared Lynn W Mettenbrink, A/K/A Lynn Mettenbrink, A/K/A Lynn William Mettenbrink, single to me known to be the person(s) named in and who executed the foregoing instrument, and acknowledged that he executed the same as his voluntary act and deed. SEAL GENERAL NOTARY -State of Nebraska ( ) Ill ROSALIE R. FAY ~"~ My Comm. Exp. May 16, 2010 tx5~t~ (Type name under signature My commission expires 20/a Notary Public in and for said County and State App #: 431161; CIF #: 132145; Note #: 201 220SQ Legal Doc. Date: May 21, 2009 FORM 5011, Trust Deed and Assignment of Rants Page 3