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<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 property is authorized to
<br />sue for or otherwise collect the rents, issues, crops, profits, and income thereof, including those past
<br />due 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 tn Trustee or Beneficiary is intended to be exclusive of
<br />any other remedy herein or by law provided or permitted, but each will be cumulativ�, will be in addition
<br />to every other remedy given hereund�r or now or hereafter existing at law or in �quity or by statute, and
<br />may be exercised concurrently, independently or successively.
<br />11. Trustor(s) acknowledges that the duties and obligations of 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 covenants or obligations will be imposed upon Trustee; Trustee will not be liable for any action
<br />by it in good faith and reasonably believed by it to be authorized or within the discretion or rights of
<br />powers conferred upon it by this 7rust Deed or state law.
<br />- 12. The integrity ant�responsibility of Trus�or�sj constifutes a part o�' �e consideration for the
<br />obligations secured hereby. Should 7rustnr(s) sell, transf�r, or convey the property described herein,
<br />without prior written consent of Beneficiary, Beneficiary, at its option, may declar� 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 Leases. Trustor(s) hereby assigns, transfers,
<br />and conveys to Beneficiary all rents, rayalties, 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; or Beneficiary, at its option, may turn
<br />over and deliver to Trustor(s) or their successors in inter�st, any or all of such sums without prejudice to
<br />any of Beneficiary's rights to take and retain futur� 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 Benefici�ry's option as hereinbef�re provided, 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 inaperative and of no further force and �ffect.
<br />14. This Trust beed constitutes a Security 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 Trust Deed is determined to be void or unenforceable, that det�rmination will not affect
<br />the validity of the remaining portions of the Trust Deed.
<br />Patrick J Mc � vocable Living Trust ❑ d August 9 20p7
<br />By
<br />Patrick J McGuire, Trustee
<br />TRUSTEE ACKNOWLEDGMENT
<br />STATE OF N�BRASKA
<br />COUNTY OF HALL
<br />)
<br />)ss
<br />)
<br />On this lP``�` day of December, 2010 _ before me, a Notary Public, personally appeared
<br />Patrick J McGuire 7rustee(sj for _ Patrick J McGuire Revocable Livinq
<br />dated Au ust 9, 2D07
<br />to me known to be the person(s) named in and who executed the foregoing instrument, and
<br />acknowledged that he sxecuted the same as his voluntary act and deed as such Trustee(s) for the
<br />purposes therein mentioned.
<br />GENERAL NOTARY - State of Nebraska
<br />_ � . . IiATHERINE S. SCHULTE . _ .
<br />(S�AL) • MyComm.Exp.May�3,Zpt3 �ccx(�an�� a� �,��j��l�?t,..
<br />Katherine S Schulte �
<br />(Type name under signature)
<br />My commission expires May 23, 2013
<br />Notary Public in and for said County and State
<br />_..-----
<br />pp : 7; IF #: 38540; Note #: 211 220KS Legsl Doc. Date: December 6, 2010
<br />FqRM 5011, Trust Deed and Assignment of Rents Page 3
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