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<br /> 20100'7057
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<br /> Trustor(s) hereby warrants that Trustor(s) holds fee simple title to the above described property, that
<br /> Trustor(s) has good and lawful authority to deed and encumber the same, that the property is free and
<br /> clear of all liens and encumbrances, except encumbrances of record, and that Trustor(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.
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<br /> Trustor(s) and each of them further covenants and agrees with Beneficiary as follows:
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<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 or 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 T-Tustor(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 or 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), costs,
<br /> expenses, appraisal fees, and other charges and any amounts so advanced 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 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 any indebtedness, mature or unmatured, secured by this Trust Deed. .
<br /> 7. In the event of default in the payment when due of any sums secured hereby (principal, interest,
<br /> advancements, or 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 whole 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 or foreclosure are insufficient to pay the total indebtedness secured hereby,
<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.
<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.
<br /> 10. Upon default, Beneficiary, either in person or by agent, with or without bringing any action or
<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 /> App 5028582; CIF 149441; Note 203 220KS Legal Doc. Date: September 24, 2010
<br /> FORM 5011, Trust Deed and Assignment of Rents page 2
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