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<br /> 200906893 Inst 2009 - 5959
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<br /> Trustor(s) do hereby agree to be personally bound to pay the unpaid balance, and Beneficiary will be
<br /> entitled to a deficiency judgment.
<br /> 8. Should Beneficiary elect to exercise the Power of Sale granted herein, Beneficiary will notify Trustee
<br /> who will record, publish, and deliver to Trustor(s) such Notice of Default and Notice of Sale as then
<br /> required by law and will in the manner provided by law, sell the property at the time and place of sale
<br /> fixed in the Notice of Sale, either as a whole or in separate lots, parcels, or items and in such order as
<br /> Trustee will deem expedient. Any person may bid at the sale including Trustor(s), Trustee, or
<br /> Beneficiary. A
<br /> 9. Trustor(s) hereby requests a copy of any Notice of Default or Notice of Sale hereunder to be mailed
<br /> by certified mail to Trustor(s) at the address(es) set forth herein. t
<br /> 10. Upon default, Beneficiary, either in person or by agent, with or without bringing any action or o
<br /> proceeding and with or without regard to the value of the property or the sufficiency thereof to discharge
<br /> the indebtedness secured hereby, is authorized and entitled to enter upon and take possession of the
<br /> property in its own name or in the name of the Trustee and do any acts or expend any sums it deems
<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 /> RGAN A Limited Liabili pany
<br /> By
<br /> Ra I1 W Gangwish, Manager
<br /> . LLC ACKNOWLEDGMENT - MANAGER(S)
<br /> STATE OF NEBRASKA . . .
<br /> ) ss
<br /> COUNTY OF BUFFALO )
<br /> On ( 3 dayy of August, 2009 before me, a Notary Public, personally appeared Randall W Gangwish to
<br /> me nwn to be the person(s) named in and who executed the foregoing instrument, who did say that he
<br /> is the manager of RGANG, LLC, a limited liability company; that the instrument was signed on behalf of
<br /> the limited liability company by authority of its members and the manager acknowledged the execution of
<br /> the instrument to be voluntary act and deed of the limited liability company by it and by him voluntarily
<br /> executed.
<br /> (SEAL)
<br /> GFJitEERAI. NOTARY - Slate of Nulkaw
<br /> LANCE 6. NFtWFR I J
<br /> W nm. EvAuly 3, 2010 Notary Public in and for said County and State
<br /> My commission expires 7` a n l a.
<br /> App 436894; CIF' 59648; Note 105 223EW Legal Doc. Date: August 13, 2009
<br /> FORM 5011, Trust Deed and Assignment of Rents Page 3
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