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<br />indebtedness secured hereby or in th� loan agreement(s). Delay by Beneficiary in exercising its rights
<br />upon default will not be constru�d as a waiver thereof and any act of Beneficiary waiving any specified
<br />default wili not be construed as a waiver of any future default. If the proceeds under such sale or
<br />foreclosure are insuffcient to pay the total indebtedness secured hereby, Trustor(s) do hereby agree to
<br />be personally bound to pay the unpaid balance, and Beneficiary will be entitl�d to a deficiency judgment.
<br />8. 5hpuld B�neficiary elect ta 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 5ale as then
<br />required by law and will in the manner provided by law, sell the property at the time and place ot sale
<br />fixed in the Notice of Sale, �ither 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 nf Default ar Notice of Sale hereunder to be mailed by
<br />certified mail to Trustar(s) at the address(�s) set forth herein.
<br />10. Up�n default, Beneficiary, either in person ar by agent, with or withnut 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 entitl�d to enter upon and take possession of the
<br />property in its own name or in the name af the Trustee and do any acts or expend any sums it deems
<br />necessary or desirable to protect or preserve the value of the property or any interest therein, or increase
<br />the income therefrom; and with or without taking possession of the property is authorized to sue for or
<br />otherwise collect the rents, issues, crops, profits, and income thereof, including those past due and
<br />unpaid, and apply the same upon any indebtedness secured hereby or in the loan agreement(s).
<br />No remedy herein conferred upon or reserved ta Trustee or Beneficiary is intended to be exclusive of any
<br />other remedy herein or by law provided ar permitted, but each will be cumulative, will be in addition to
<br />every other remedy given hereunder or now or h�reafter existing at law or in equity or by statute, and may
<br />be exercised concurrently, independently or successiuely.
<br />11. Trustor(s) acknowledges that the duties and obligations af Trustee will be determined solely by the
<br />express provisions of this Trust Deed or the Nebraska Trust Deeds Act and Trustee will not be liable
<br />except for the performance of such duties and obligations as are specifically set forth therein, and no
<br />implied cnvenants or obligations will be imposed upon Trustee; Trustee will not be liable for any action by
<br />it in good faith and reasonably believed by it ta be authorized or within the discretion or rights of powers
<br />conferred upon it by this Trust Deed or state law.
<br />12. The integrity and responsibility of Trustar(s) constitutes a part of the consideration for the obligations
<br />secured hereby. Should Trustor(s) sell, transfer, or convey the property described herein, without prior
<br />written consent of Beneficiary, Beneficiary, at its option, may declare the entire indebtedness immediately
<br />due and payable and may proceed in the enfprcement of its rights as on any other default.
<br />13. Assignment of Rents including Proceeds of Mineral Leases. Trustor(s) hereby assigns, transfers,
<br />and conveys to Beneficiary all r�nts, royalties, bonuses, and delay moneys or other proceeds that may
<br />from time to time became due and payable under any real estate lease ar under any 4i1, gas, gravel, rock,
<br />or other mineral lease of any kind including geothermal resources now existing or that may hereafter
<br />came into exist�nce, covering the property or any part thereof. All such sums so received by Beneficiary
<br />wifl be applied ta the indebtedness secured hereby; or Beneflciary, at its aptiqn, may turn over and deliver
<br />to Trustor(s) or their successors in interest, any or all of such sums without prejudice to any of
<br />Beneficiary's rights to take and retain future sums, and without prejudice ta any of its other rights under
<br />this Trust Deed. This assignment will be construed to be a provision for the payment or reduction of the
<br />debt, subject to the Beneficiary's aption as hereinbefore provided, independent of the lien on the property.
<br />Upon payment in full of the debt and the reconveyance of this Trust Deed of record, this assignment will
<br />become inoperative and of no further farce and effect.
<br />14. This Trust Deed constitutes a Security Agreement with respect to all the property described herein.
<br />15. The covenants cantained in this Trust �eed will be deemed to be severable; in the event that any
<br />portion of this Trust Deed is determined to be void or unenforceable, that determinatinn will not affect the
<br />validity of the remaining portions of this Trust Deed.
<br />16. Any Trustor who cv-signs this Trust Deed but does not execute the Note(s) ("co-signer"): (a) is
<br />co-signing this Trust Deed only to mortgage, grant and conv�y ca-signer's interest in the property under
<br />the t�rms of this Trust Deed; (b) is not personally obligated ta pay the sums secured by this Trust Deed;
<br />and (c) agrees that Beneficiary and any other barrower under the Note(s) can agree to extend, madify,
<br />farbear or make any accommodations with regard to the terms of this Trust Deed or the Note(s) without
<br />co-signer's consent.
<br />6t�' ,
<br />Deryl A Bi� Myr ish
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