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~6- 105055 This Trust Dead will be due Dec!mibor 21, 2215 or upon the psynent in full of all sums secured hereby. Trustor(s) hereby warrants that Tructor(s) holds fee simple title to the above described property, that T►ustarls) has good and lawful authority to dead end encumber the saute, that the property is free and clear-of all liens and encumbrances, except encumbrances of record, and that Trustor(s) will warrant and defend the property, at Trustor(s) expense, against an claimants whomsoever. Trustorts) also hereby waives and relinquishes all rights of dower, homestead, distributive share, and exemption In and to the above described property. Trustor(s) and aarh of them further covenants and agrees with Bwmfldwy m tol om:. 1. To pay all liene, judgments, or other assessments against the property, and to pay when due all assessments, taxes, rents, fees, or charges upon the property or under any lame, porn it, Ncense, or privilege assigned to Beneficiary as additional security to this Trust Dead, Including those in or on public domain. 2. To insure and keep Insured buildings and other improvements Including fixtures and attachments now on or hereafter placed on the property to the satisfaction of Beneficiary. Such Insurance will be approved by and deposited with Beneficiary, and endorsed with lose payable clause to Benefciary. Any sums so received by Beneficiary may be used to pay for reconstruction of the destroyed Improvements or H not to applied may be Applied, at the option of Beneficiary, in payment of any indebtedness matured or urmetured secured by this Trust Deed. 3. To keep all Widings, fixtures, attachments, and other improvements now on or hereafter placed on the property occupied and in good repair, maintenance, and condition and to neither commit not permit any ducts of waste at any Impairment of the value of the property. Beneficiary may enter upon the property to Inspect the sm or to perform any am authorized hwelo or In the ban agreement(s). j' 4. In the event Trustor(s) fails to pay any liens, judgments, assessments, texec, rents, fees, or charges or maintain any Insurance on the f property, bu8dings, fixtures, attachments, or improvements se provided herein or In the loan agreement(s), Beneficiary, at Its option, may make ouch payments or provide insurance, maintenance, or repairs and any amounts paid therefor will become pare. of the principal Indebtedness secured hereby, be Immediately due and payable and bear Interest at the default rate provided in the note(s) from the date of payment until paid. The sd?pp icemsnt by Beneficiary of any such amounts will In no manner grnit the tight of Beneficiary to declare Trustor(s) In default or exercise any of Bareficlery's other rights and remedies. S. In the event Beneficiary is a party to any litigation affecting the property or the lien of this Trust Deed, Including any action by Beneficiary to enforce tics Trust Deed or any suit in which Beneficiary is named a defendant (including condemnation and bankruptcy proceedings) Beneficiary may Incur expenses end advance payments for abstract fees, attorneys fees (to the extent allowed by law), costs, expenses, nppralsai fees, and other charges and any amounts so advanced will become part of the principal indebtedness secured hereby, be immediately due and payable and bear interest at the default rate provided in the ncte(+_) from the data of advance until paid. 6, Ar,y awards made to Truutor(s) or their successors by the exercise of eminent domain are hereby assigned to Beneficiary; and Beneficiary is hereby suthori.7ed to collect and apply the same in payment of any Indebtedness, mature or unmetured, secured by this Trust Deed. 7. In the event Trustar(s) dafaults In the payment when due of any sums secured hereby (principal, interest, advancements, or protective advances), or fails to perform or observe any covenants and conditions contained herein, In the note(s), loan agreement(s), or any other -tatruments, or any proceedings is brou;ht by or against Trustor(s) under any Bankruptcy laws, Beneficiary, at its option, may declare the entire indebtedness secured hereby to be immediately due and payable and the whole will bear Interest at the default rate as provided in the note(s) and Bsnefi,~lsry may immediately authorize Trustee to exercise the Power of Sala granted herein in the manner provided in the Nebrasks Trust Deeds Act, or, at the option of the 3eneficiary, may foreclose the Trust Deed in the manner provided by law for the foreclosure of mortgages on real property, including the z+ppointment of a Receiver upon ex parts application, notice being hereby expressly waived, without regard to the value of the property or the sufficiently thereof to discharge the indebtedness secured hereby or in the lean agreement(s). Delay by Beneficiary In exercising Its rights upon default w411 not be construed as a waiver thereof and any act of Beneficiary weaving any specified default will not be construed as a waiver of any future tl,!rf+rult. If the proceeds under such sale or foreclosure are Insufficient to pay the total indebtedness secured hereby, Truator(s) do hereby agree to b t, parx malty bound to pay the unpaid baleace, and Beneficiary will be entitled to a deficiency judgment. 8. Should Beneficiary elect to c:verclee the Power of Sale granted herein. Benefeary will notify Trustee who will record, publish, and deliver to Truezo; (s) such Notice of Deftmit and Notice of Sale as then required by law and will in the manner provided by law, sell the property at the time sntd piece of sale fixed in the Notice of Sala, either as a whole or an separate lots, parcels, or items and in such order as Trustee will deem wgwd'eent. Any person may bid at the ss7e including Trustor(s), Trustee, or Beneficiary. 9. Tnrstor(s) hereby requests a copy of any Notice of Default or Notice of Sale hereunder to be mailed by certified mail to Trustorls) at the address(es) set forth herein. 10. Upon default, Beneficia y. either in person or by agent, with or without bringing any action or proceeding and with or without regard to the value of the property or the sufficiency thereof to discharge the indebtedness secured hereby, is authorized and entitled to enter upon and take possession of the property in Its own name or in the name of the Trustee and do any sets or expend any sums it deems necessary or desirable to protect or preserve the value of the property or any Interest therein, or increase the income therefrom; and with or without taking possession of the property Is authorized to sue for or otherwise collect the rents, Issues, crops, profits, and Income thereof, Including those past due end unpaid, and apply the some upon any Indebtedness secured hereby or in the loan agreement(s). No remedy herein conferred upon or reserved to Trustee or Beneficiary Is intended to be exclusive of any other remedy herein or by law provided or permitted, but each will be cumulative, will be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity at by star-1:4, and may be exercised concurrently, Independently or successively. 11. Truator(s) acknowfedgas that the duties and obligations of Trustee will be determined solely by the express provisions of this Trust Dead or the Nebraska Trust Deeds Act and Trustee will not be liable except for the perfomm ove 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 end rsesdnably believed by It to be authorized at within the dlsostion or rights of powers conferred upon it by this Tent Deed or state law. 12. The integrity and responsibility of Truster(*) constitutes a part of the consideration for the obligations secured hereby, Should Tntator(s) sell, transfer, or convey the property described herein, without prior writtan consent of Beneficiary. Beneficiary, at its option, may dydare the entire i debtedneas 4mmediately due and payable and may proceed in the onfo►csment of its rights as on any other default. 13. Assignment of Rents Including Proceeds of ?Anatol Leases. Trustor(s) hereby assigns, transfers, and conveys to Beneficiery an rants, 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 vii, gas, gravel, rock, at other minarei lease of any kind ktcluding geothermal resources now existing or that may hereafter come Into existence, co"Ong the property or any part thereof. AN such torus so received by Baneficlary wig be applied to the indebtedness secured hereby; or Beneficiary, at its opt~on, may turn over and deliver to Trustor(s) or their sueeassore In Interest, any or an of such sums without prop.4ce to any of Beneficla►y a rights to take and retain future sums, and without prejudice to any of Its other rights under the Trust Deed. This assignment will but construe) /a be a provision for the payment or reduction of the debt, subject to the Beneficiary's option as hereinbefoe provided, Independent of the Gan nn 'Sue property. Unon payrrent in fall of the debt and the reconvoymoe of this Trust Deed of record, this assignment will become lnopwatl,-,:.u 4 of no further force and effect. 14. This Trust Deed con"tutes a 8 : purity Agreement with respect to all the property described heroin. 15. The covenants contained in We Trust Deed wlil be deemed to be severable; In the event that any portion of this Trust Deed Is datemdred to be void or unenforceable, that detemdnation will not sffeot the validity of the remaining portions of the Trust Deed. WONEY R RA7 AN PlI~iQS~BI..AS2B,B.~!',1~9~s'~S~IA.YI~IEL)!,~Ad~!? Ap I: 00075859; FHmary Customer to R: 00039750; CIF 0: 38409 Legal Doc, Date: June 27, 1990 a FCSM 5011 Trust Derx1 end Assignment of Rents Paps 2 i a i