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2oiooos~2 <br />Date of Note(s) or Credit A~treement(s- <br />02/08/2010 <br />Principai_Amount <br />$91, 000.00 <br />Provided, however, that the total principal indebtedness outstanding and secured hereby at any one <br />time will not exceed the sum of NINETY-ONE TWOUSAND, ($91,.000..00), exclusive of interest and <br />protective advances authorized herein or in the loan agreement(s); provided further, that TWIS <br />PARAGRAPH SWALL NOT CONSTITUTE A COMMITMENT TO MAKE FURTHER OR ADDITIONAL <br />ADVANCES IN ANY AMOUNT AT ANY TIME, WWETWER OR NOT THE TOTAL PRINCIPAL <br />INDEBTEDNESS ABOVE HAS BEEN ADVANCED. <br />This Trust Deed will be due January 1.2030. <br />Trustor(s) hereby warrants that Trustar(s) holds fee simple title to the abo_ ve described property, that <br />Trustor(s) has good ahil` iauvftal au#hority tb deed and encumber the same, that the property is free and <br />clear of all liens and encumbrances, except encumbrances of record, and that Trustar(s) will warrant <br />and defend the property, at Trustor(s) expense, against all claimants whomsoever. Trustor(s) also <br />hereby waives and relinquishes all rights of dower, homestead, distributive share, and exemption in and <br />to the above described property. <br />Trustor(g~ alid each of them further covenants and agrees with Beneficiary as follows: <br />1. To pay all liens, judgments, or other assessments against the property, and to pay when due all <br />assessments, taxes, rents, fees, or charges upon the property or under any lease, permit, license, or <br />privilege assigned to Beneficiary as additional security to this Trust Deed, including those in or on public <br />domain. <br />2. To insure and keep insured buildings and other improvements including fixtures and attachments <br />now on or hereafter placed on the property to the satisfaction of Beneficiary, will on demand furnish <br />said policies or furnish proof of insurance to Beneficiary. Any sums so received by Beneficiary may be <br />used to pay for reconstruction of the destroyed improvements ar if not so applied may be applied, at the <br />option of Beneficiary, in payment of any indebtedness matured or unmatured secured by this Trust <br />Deed. Such insurance will be in an amount at least equal to the lesser of the loan balance, the actual <br />cash value of the collateral, or the replacement cost of the property, and will at a minimum, cover losses <br />caused by fire, lightning, explosion, riot, aircraft, vehicles, vandalism, civil commotion, smoke, <br />windstorm, and hail. Trustor(s) will obtain and keep flood insurance in force to cover losses by flood as <br />required by Beneficiary and by the National Flood Insurance Act of 1968, as amended, and by <br />regulations implementing the same. Trustor(s) further agree that Beneficiary is not and will not be liable <br />for any failure by Trustor(s) or by any .insurer, for whatever reason, to obtain and keep„ this insurance in <br />force. <br />3. To keep all buildings, fixtures, attachments, and other improvements now on or hereafter placed on <br />the property occupied and in good repair, maintenance, and condition and to neither commit nor permit <br />any acts of waste or any impairment of the value of the property. Beneficiary may enter upon the <br />property to inspect the same or to perform any acts authorized herein or in the credit agreement(s). <br />4. In the event Trustor(s) fails to pay any liens, judgments, assessments, taxes, rents, fees; or charges <br />or maintain any insurance on the property, buildings, fixtures, attachments, or improvements as <br />provided herein ar in the loan agreement(s), Beneficiary, at its option, may make such payments or <br />provide insurance, maintenance, or repairs and any amounts paid therefor will become part of the <br />principal indebtedness secured hereby, be immediately due and payable and bear interest at the <br />default rate provided in the note(s) or credit agreement(s) from the date of payment until paid. The <br />advancement by Beneficiary of any such amounts will in no manner limit the right of Beneficiary to <br />declare Trustor(s) in default or exercise any of Beneficiary's other rights and remedies. <br />5. In the event Beneficiary is a party to any litigation affecting the property or the lien of this Trust <br />Deed, including any action by Beneficiary to enforce this Trust Deed or any suit in which Beneficiary is <br />named a defendant (including condemnation and bankruptcy proceedings) Beneficiary may incur <br />expenses and advance payments for abstract fees, attorneys fees (to the extent allowed by law), casts, <br />expenses, appraisal fees, and other charges and any amounts so advanced will became part of the <br />principal indebtedness secured hereby, be immediately due and payable and bear interest at the <br />default rate provided in the note(s) or credit agreement(s) from the date of advance until paid. <br />6. Any awards made to Trustor(s) or their successors by the exercise of eminent domain are hereby <br />assigned to Beneficiary; and Beneficiary is hereby authorized to collect and apply the same in payment <br />of arty indebtedness, mature or unmatured _~ecured by this Trust Deed. <br />7. In the event of default in the payment when due of any sums secured he~al5y (principal, interest, <br />advancements, ar protective advances), or failure to perform or observe any covenants and conditions <br />contained herein, in the note(s), credit agreement(s), or any other instruments, or any proceedings is <br />brought under any Bankruptcy laws, Beneficiary, at its option, may declare the entire indebtedness <br />secured hereby to be immediately due and payable and the whale will bear interest at the default rate <br />as provided in the note(s) or credit agreement(s) and Beneficiary may immediately authorize Trustee to <br />exercise the Power of Sale granted herein in the manner provided in the Nebraska Trust Deeds Act, or, <br />at the option of the Beneficiary, may foreclose the Trust Deed in the manner provided by law for the <br />foreclosure of mortgages on real property, including the appointment of a Receiver upon ex parte <br />application, notice being hereby expressly waived, without regard to the value of the property or the <br />sufficiency thereof to discharge the indebtedness secured hereby or in the loan agreement(s). Delay by <br />Beneficiary in exercising its rights upon default will not be construed as a waiver thereof and any act of <br />Beneficiary waiving any specified default will not be construed as a waiver of any future default. If the <br />proceeds under such sale ar foreclosure are insufficient to pay the total indebtedness secured hereby, <br />App #: 457184; CIF #; 106683; Note #: 202 210NN Legal Dnc. Date: February 8, 2010 <br />FORM 5011, Trust Deed and Assignment of Rents Page 2 <br />