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M�01102C#.J'�
<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 forec{osure 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 wi{I 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 sa{e
<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 5ale hereunder to be mailed
<br />by certified maii 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 entitied 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 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 rese►ved 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 />impiied 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 payabie under any real estate lease or under any oil, gas, gravel,
<br />rock, or other mineral lease of any kind including geothermaf 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 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 option as hereinbefore 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 inoperative and of no further force and effect.
<br />14. This Trust Deed 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 determination will not affect
<br />the validity of the remaining portions of the Trust Deed.
<br />� 1
<br />Ralph ornelius
<br />INDIVIDUAL BORROWER ACKNOWLEDGMENT
<br />STATE OF NEBRASKA )
<br />)ss
<br />COUNTY OF HALL )
<br />�
<br />On this �g`" day of March, 2011 before me, a Notary Public, personally appeared
<br />Ra1 h Cornelius, an unmarried erson
<br />to me known to be the person(s) named in and who executed the foregoing instrument, and
<br />acknowledged that he executed the same as his voluntary act and deed.
<br />GENERAI N07ARY - State of Nebraska
<br />(SEAL) KATHEAINE S• SCHt�LTE
<br />i..•• q�y Comm. Exp. May 23, 2013
<br />�w.,�--
<br />Kath ine S Schult
<br />(Type name under signature)
<br />My commission expires May 23, 2013 Notary Public in and for said County and State
<br />App #: 5062573; CIF #: 126698; Note #: 201 220KS Legal Doc. Date: March 25, 2011
<br />FORM 5011, Trust �eed and Assignment of Rents Page 3
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