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<br />2010O'7472
<br />all payable according to the terms of the npte(s), credit agreement(s), or other instrument(s) modifying
<br />the same.
<br />Date of Notels) or Credit A�reement(s) Principal Amount
<br />1 p/08/2010 �$245,000.00
<br />Provided, however, that the total principal indebtedness outstanding and secured hereby at any one
<br />time will not exceed the sum of TWO MUNDREp FORTY-FIVE THOUSAND, ($245�000.00), exclusiv�
<br />of interest and protective advances authorized herein or in the loan agreement(s); provided further, that
<br />THIS PARAGRAPH SHALL NOT CONSTITUTE A COMMITMENT TO MAKE FUR7H�R OR
<br />ADDITIONAL ADVANC�S IN ANY AMOUNT AT ANY TIME, WHETHER OR NOT THE TOTAI.
<br />PRINCIPAL INDEBTEDN�SS ABOVE HAS B�EN ADVANCED.
<br />This Trust Deed will be due Januar 1 2017.
<br />7rustor(s) hereby warrants that Trustar(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 prpperty is free and
<br />clear of all liens and �ncumbrances, 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 dawer, homestead, distributive share, and exemption in and
<br />to the above described property.
<br />Trustor(s) and each af 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, ar 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 praperky ta 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 r�construction of the destroyed impravements 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 agres that Beneficiary is not and will not b� liable
<br />for any failure by Trustor(s) or by any insurer, for whatever reason, to abtain 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 nr 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 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 th� note(s) or credit agreement(s) from the dat� of payment until paid. The
<br />advancement by Beneficiary of any such amaunts will in no manner limit the right of Beneficiary to
<br />declare Trustor(s) in default or exercis� any of Beneficiary's other rights and remedi�s.
<br />5. In the event Beneficiary is a party to any litigation affecting the property or the li�n of this Trust
<br />Deed, including any actian by Ben�ficiary 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 imm�diately due and payable and bear interest at the
<br />default rate provided m the note(s) or e�edit agr€ement(�) from the date of advance until paid.
<br />6. Any awards made ta Trustor(s) or their successors by the exercise af eminent domain are hereby
<br />assigned to Beneficiary; and Beneficiary is hereby authorized to coll�ct 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 advanc�s), ar 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 immediat�ly 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 af the property or the
<br />sufficiency thereof to discharge the indebtedness secured hereby or in the Ioan agreement(s). D�lay by
<br />Beneficiary in exercising its rights upon default will nat be cnnstrued as a waiver thereof and any act of
<br />App #: 5028069; CIF #: 186209; Note #: 202
<br />FORM 5011, Trust Deed and Assignment of Rents
<br />202EA
<br />Legal Dnc. Date: October 8, 2010
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