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<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 ta pay the total indebtedness secured hereby,
<br />Trustor(s) do hereby agree to be personally bound to pay the unpaid balance, and Beneficiary will be
<br />entitled to a deficiency judgment.
<br />8. Should Beneficiary elect to exercise the Power of Sale granted herein, Beneficiary will notify Trustee
<br />who will r�cord, publish, and deliver to Trustor(s) such Notice of Default and Notice of Sale as then
<br />required by law and will in the manner provided by law, sell the property at the time and place of sale
<br />fixed in the Notice of Sale, either as a whole or in �ep�rate lots, parcels, or items and in such order as
<br />Trustee will deem expedient. Any person may bid at the sale including Trustar(s), Trustee, or
<br />Beneficiary.
<br />9. Trustor(s) hereby requests a copy of any Notice of �efault or Notice af Sale hereunder to be mailed
<br />by certified mail to 7rustor(s) at the address(es) set forth herein.
<br />10. Upon default, Beneficiary, either in person or by agent, with or without bringing any action or
<br />proceeding and with or without regard tn the value of the property or the sufficiency thereof to discharge
<br />the indebtedness secured hereby, is authorized and entitled to enter upon and tak� possession of the
<br />property in its own name or in the name of the Trustee and do any acts or expend any sums it deems
<br />necessary or desirable to protect or pres�rve the value of the property or any interest therein, or
<br />increase the income therefrom; and with or without taking possession of the prop�rty is authorized to
<br />sue for or oth�rwise collect the rents, issues, crops, profits, and income thereof, including those past
<br />dus and unpaid, and apply the same upon any indebtedness secured hereby or in the loan
<br />agreement(s).
<br />No remedy herein conferred upon or reserved to 7rustee or Beneficiary is intended to be exclusive of
<br />any other remedy herein or by law provided or permitted, but each will be cumulative, will be in addition
<br />to every other remedy given h�reunder or now or hereafter existing at law or in equity or by statute, and
<br />may be exercised concurrently, independ�ntly or successively.
<br />11. Trustor(s) acknowledges that the duties and obligations of Trustes will be determined solely by the
<br />express provisions of this 7rust Deed or the Nebraska Trust peeds 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 />iex�pAed covenants or obligatians wiN be impvsed upon 'T'rustee; Trustee will not be liable for any action
<br />by it in gaod faith and reasonably believed by it to be authorized or within the discretion or rights of
<br />powers conferred upon it by this Trust Deed or state law.
<br />12. The integrity and responsibility of Trustor(s) constitutes a part of the consideration for the
<br />obligations secured hereby. Should Trustor(s) sell, transfer, or convey the property described herein,
<br />without prior written cansent of Beneficiary, Beneficiary, 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 Rents including Proceeds of Mineral �.eas�s. Trustor(s) hereby assigns, transf�rs,
<br />and conveys to Beneficiary all rents, royalties, bonuses, and delay moneys or other proceeds that may
<br />from time to time become due and payable under any real estate lease or under any oil, gas, gravel,
<br />rock, or other mineral lease of any kind including geothermal resources now existing or that may
<br />hereafter come into existence, covering the property or any part thereof. All such sums so received by
<br />Beneficiary will be applied to the indebtedness secured hereby; nr Beneficiary, at its option, may turn
<br />over and deliver to Trustor(s) or their successors in interest, any or all of such sums without prejudice to
<br />any of Beneficiary's rights to take and retain future sums, and without prejudice to any of its other rights
<br />under this Trust Deed. This assignment will be construed to be a provision for the payment or reduction
<br />of the debt, subject to the Beneficiary's aption as hereinbefore pravided, independent of the lien on the
<br />property. Upon payment in full of the debt and the reconveyance of this Trust Deed of record, this
<br />assignment will become inoperative and of no further force and effect.
<br />14. This Trust beed canstitut�s a S�curity Agreement with respect to all the property described herein.
<br />15. The covenants contained in this Trust Deed will be deemed to be severable; in the event that any
<br />portion of this 7rust Deed is determined to be void or unenfor�r�able, that determination will not affect
<br />the validity of the,r�emaining portions of the 7rust Deed. / � ,.., r
<br />Julie
<br />INDIVI�UAL BORROWER ACKNOWL�DGMENT
<br />STAT� OF NEBRASKA
<br />COUNTY OF HALL
<br />)
<br />)ss
<br />)
<br />On this 2nd day of December, 2010 before me, a Notary Public, personally appeared
<br />I�avid N Q den, A/K/A David O den and Julie A. � den, A/K/A Julie O den, husband and wife
<br />to me known t4 be the person(s) named in and wha executed the foregoing instrument, and
<br />acknowledged that they _ executed the same as their voluntary act and deed.
<br />(SEAL) G��p�, Np7ARY • State of Nebraska
<br />ECHO ALCOHN �cho Alcorn
<br />My Camm. Exp. March 21 2otA (Type name under signature)
<br />My commission expires March 21, 2014 Notary Public in and for said County and State
<br />_.._ .-
<br />pp : 5 IF #: 13E295; Note #: 202 202EA Legal Doc. Date: December 2, 2010
<br />FORM 5011, Trust Deed and Assignmant of Rents Page 3
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