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� <br />2oioo�r552 <br />all payable according to the terms of the note(s), credit agreement(s), ar other instrument(s) modifying <br />the same. <br />Date of Notels� or Credit Agreement(s) Princiqal Amount <br />10/13/2010 $119,000.00 <br />Provided, however, that the total principal indebtedness autstanding and secured hereby at any one <br />time will not exceed the sum of ONE HUNDRED NINETEEN THQUSAND, ($119,000.00), exclusive of <br />interest and protective advances authorized herein or in the loan agreement(s); prouided further, that <br />THIS PARAGRAPH SHALL NOT CONSTITUTE A COMMITMENT TO MAKE FURTHER OR <br />ADDITIONAL ADVANCES IN ANY AMOUN7 AT ANY TIME, WMETHER OR NOT THE TOTAL <br />PRINCIPAL INC7�BTEDNESS ABOVE HA5 BEEN ADVANCEp, <br />This Trust Deed will be due December 1, 2025. <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 nf 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 r�linquishes all rights of dower, homestead, distributive share, and exemption in and <br />to the above described property. <br />Trustor�s) and each of them further covenants and agrees with Beneficiary as follows: <br />1. Ta 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, ar <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 improvem�nts including fixtures and attachments <br />now on or hereafter placed on the property 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 reconstruction of th� destroy�d 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 />beed. 5uch insurance will be in an amount at least equal to the lesser of th� loan balance, the actual <br />cash value of the collateral, nr the replacement cast af the property, and will at a minimum, cover losses <br />caused by fire, lightning, explosion, riot, aircraft, vehicles, vandalism, civil commotion, smoke, <br />windstprm, and hail. Trustor(s) will obtain and keep flond insurance in force to cover losses by flood as <br />required by Beneficiary and by the National �lood Insurance Act of 1968, as amended, and by <br />regulatians 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, ta �btain and keep this insurance in <br />force. <br />3. To keep all buildings, fixtures, attachments, and other improvements now Qn nr hereafter placed on <br />the property occupied and in good repair, maintenance, and condition and to neither cammit 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 agr�ement(s). <br />4. In the event Trustnr(s) fails to pay any liens, judgments, assessments, taxes, rents, fees, or charges <br />or maintain any insurance on the prpperty, buildings, fixtures, attachments, or improv�ments as <br />provided herein or in the Ioan agreement(s), Beneficiary, at its aptipn, may make such payments or <br />provide insurance, maintenance, ar repairs and any amounts paid therefnr 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. 7he <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 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 lien of this Trust <br />Deed, including any action by Beneficiary to enforce this 1"rust 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 indebtedn�ss secured hereby, be immediately due and payable and bear interest at the <br />default rate provided in the note(s) or cr�dit agreement(s) from the date of advance until paid. <br />6. Any awards made to 7rustor(s) or their successors by the exercise of eminent domain are hereby <br />assigned to Beneficiary; and Beneficiary is her�by 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, inter�st, <br />advancements, or protective advances), or failure to perfnrm nr nbserve any cnvenants 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 h�reby 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 authnrize Trustee to <br />exercise the Power af Sale granted h�rein 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 />fnreclosure 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 />E3eneficiary in exercising its rights upon default will not be canstrued as a waiver thereaf and any act af <br />App #: 5023437; CI� #: 212127; Note #: 201 220SQ Legal Doc. Date: Qctober 13, 2010 <br />FORM 5011, Trust Deed and Assignment of Rents Page 2 <br />