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<br />windstorm, and hail. Trustor(s) will obtain and keep flood insurance in force to cover losses by flood as
<br />required by Beneficiary and by the National Flood Insurance Act of 1968, as amended, and by
<br />regulations 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, to obtain and keep this insurance in
<br />force.
<br />3. To keep all buildings, fixtures, attachments, and other improvements now on or hereafter placed on
<br />the property occupied and in good repair, maintenance, and condition and to neither commit 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 pertorm any acts authorized herein or in the credit agreement(s).
<br />4. In the event Trustor(s) fails to pay any liens, judgments, assessments, taxes, rents, fees, or charges
<br />or maintain any insurance on the property, buildings, fixtures, attachments, or improvements as
<br />provided herein or in the loan agreement(s), Beneficiary, at its option, may make such payments or
<br />provide insurance, maintenance, or repairs and any amounts paid therefor 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. The
<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 exercise any of Beneficiary's other rights and remedies.
<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 Trust 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 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 advance until paid.
<br />6. Any awards made to Trustor(s) or their successors 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 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, interest,
<br />advancements, or protective advances), or failure to perform or observe any covenants 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, 8eneficiary, at its option, may declare the entire indebtedness
<br />secured hereby 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 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 />foreclosure 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 />Beneficiary in exercising its rights upon default will not be construed 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 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 record, 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 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 of Default or Notice of Sale hereunder to be mailed
<br />by certified mail to Trustor(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 to the value of the property or the sufficiency thereof to discharge
<br />the indebtedness secured hereby, is authorized and entitled to enter upon and take 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 preserve 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 othen�vise 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 to Trustee 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 hereunder or now or hereafter existing at law 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 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 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 consent 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 Leases. Trustor(s) hereby assigns, transfers,
<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 />App #: 5065371; CIF #: 167451; Note #: 104 220KS Legal Doc. Date: March 1, 2011
<br />FORM 5011, Trust Deed and Assignment of Rents Page 3
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