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<br />required by Beneficiary and by the National �lood Insurance Act of 1968, as amended, and by
<br />regulations implementing the same. Trustpr(s) further agree that Beneficiary is not and will not be liable
<br />for any failure by Trustor(s) or by any insurer, for what�ver reason, ta abtain and keep this insuranc� in
<br />force.
<br />3. To keep all buildings, fixtures, attachments, and other improvements now on or hereaf#er placed on
<br />th� praperty occupied and in gaod repair, maintenance, and candition and to neither commit nor permit
<br />any ac#s af waste or any impairm�nt af the value of the property. Beneficiary may enter upon the
<br />property to inspect the sam� or to perfnrm any acts authorized herein or in the credit agreement(s).
<br />4. In the ev�nt Trustor(s) fails to pay any liens, judgm�nts, assessments, taxes, rents, fees, or charges
<br />or maintain any insurance on the property, buildings, fixtures, attachments, nr improvem�nts as
<br />provided herein or in the loan agreement(s), Beneficiary, at its op#ion, may make such payments or
<br />provide insurance, maintenance, or repairs and any amounts paid therefnr will become part of the
<br />principal indebtedness secured hereby, be imm�diately due and payable and bear interest at the
<br />d�fault rate provided in th� note(s) or credit agre�ment(s) from th� date of payment un#il paid. The
<br />advancement by Beneficiary of any such amounts will in no manner limit th� right of Ben�ficiary to
<br />declar� 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 praperty or the lisn of this Trust
<br />Deed, including any action by Beneficiary tn enforce this �"rust Deed or any suit in which B�neficiary is
<br />named a defendant (including cnndemnatian and bankruptcy proceedings� Beneficiary may incur
<br />expens�s and advance payments for abstract f�es, attorneys fees (to the extent allowed by law), costs,
<br />expenses, appraisal fees, and other charges and any amaunts so advanced will becam� part of the
<br />principal indebtedness secured hereby, be immediately due and payable and b�ar inter�st 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 successars 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 indebtedn�ss, mature or unmatured, secured by this 7rust 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 abserv� any covenants and conditinns
<br />contained herein, in th�: note(s), credit agreement(s), or any other instruments, or any proceedings is
<br />brought under any Bankruptcy laws, Beneficiary, at its nption, may declare the entire indebtedness
<br />secur�d hereby to be immediately due and payable and the whole will bear interest at the default rate
<br />as provided in the nate(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 />foreclvsure of mortgages on real property, including the appointment pf a Receiver upon ex parte
<br />application, notice being hereby expressly waived, withaut regard to the value nf the prnperty or the
<br />sufficiency thereof to discharge the indebtedness secur�d hereby or in the loan agreement(s). Delay by
<br />B�neficiary in exercising its rights upon default will not b� canstru�d 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 tntal ind�btedness secured hereby,
<br />Trustar(s) do her�by agree to be personally bound ta pay the unpaid balance, and �eneficiary will be
<br />entitled to a deficiency judgment.
<br />8. Should Beneficiary el�ct to exercise the power of Sale granted herein, Beneficiary will notify Trustee
<br />who will record, publish, and deliver to Trustnr(s) such Notice nf Default and Notice of Sale as then
<br />required by law and will in the manner provided by law, sell the prnperty at the time and place af sale
<br />fixed in the Notice of Sale, eith�r as a whole or in separate Ints, parcels, or items and in such order as
<br />Trustee will deem expedient. Any p�rson may bid at the sale including 7rustor(s), Trustee, or
<br />Beneficiary.
<br />9. Trustor(s) hereby requests a copy of any Notic� of Default ar Notice of Sale her�under to be mailed
<br />by certified mail to Trustor(s) at the address(es) set forth herein.
<br />1p. Upon default, Beneficiary, either in person ar by agent, with or without bringing any actian or
<br />proc�eding and with or without regard tn the value of th� property or the sufficiency thereof to discharge
<br />th� indebtedness secured hereby, is authoriz�d and entitled to enter upon and t�k� possession of the
<br />property in its own name or in the name of the Trust�� and do any acts or expend any sums it deems
<br />necessary or desirable to prdtect or preserve the value nf the property or any interest therein, or
<br />increase th� income therefrom; and with or without taking possession of the property is authorized to
<br />sue for or otherwise collect the rents, issues, crops, profits, and income th�reof, including those past
<br />due and unpaid, and apply the same upon any indebtedness secured hereby nr in the loan
<br />agreement(s).
<br />No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive of
<br />any nther remedy herein or by law provided or permitted, but each will be cumulative, will be in addition
<br />to �very ather remedy given hereunder or naw or hereaft�r existing at �aw or in equity or by statute, and
<br />may be exercised concurrently, independently or successively.
<br />11. Trustor(s) acknowledges that the duties and obligations of 7rustee will be determined salely 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 dutiss and pbligations as are specifically set forth therein, and no
<br />implied covenants or obligations will be impqsed upon Trustee; Trust�e will not be liable for any action
<br />by it in good faith and reasonably believed by it to be autharized or within the discretion or rights of
<br />powers canferred upon it by this Trust Deed ar state law.
<br />12. The integrity and respansibility of Trustor(s) constitutes a part af the consideratinn for the
<br />obligatipns secured hereby. Should Trustor(s) sell, transfer, ar convey the property described herein,
<br />without priar written consent of Beneficiary, k3eneficiary, at its option, may declare the entire
<br />indebtedness immediately due and payable and may proceed in the enforcement of its rights as on any
<br />other default.
<br />13. Assignment of �tents including Praceeds of Mineral Leases. Trustor(s) hereby assigns, transfers,
<br />and conueys to Beneficiary all rents, royalties, bonuses, and delay moneys or other proce�ds that may
<br />from time ta time become due and payable under any real estate lease or under any ail, gas, gravel,
<br />rock, or oth�r mineral I�ase of any kind including geothermal resources now existing or that may
<br />hereafter come into existence, cavering ths property or any part thereof. All such sums so received by
<br />App #: 5p37803; CIF #: 1266p2; Nate #: 203
<br />FORM 5011, Trust Deed and Assignment pf Rents
<br />202�A
<br />Legal Doc. Date: November 19, 2010
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