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201300074 performed) any such obligation of Trustor hereunder or thereunder (provided Trustor is not contesting such payment or performance in accordance with Section 2.09 and the failure to so perform such obligation would have a Material Adverse Effect), in any form and manner deemed reasonably expedient by Beneficiary as agent or attorney-in-fact of Trustor,and any amount so paid or expended(plus reasonable compensation to Beneficiary for its out-of-pocket and other expenses (including legal expenses) for each matter for which it acts under this Deed of Trust), with interest thereon at the Default Rate,shall be added to the Obligations and shall be repaid to Beneficiary upon demand. No such action of Beneficiary shall be considered as a waiver of any right accruing to it on account of the occurrence of any default on the part of Trustor under this Deed of Trust,any default, any Event of Default, or any default or event of default under any other Loan Document. SECTION 6.13. Subrogation. To the extent that Beneficiary, after the date hereof, pays pursuant to the terms of this Deed of Trust any sum due under any provision of law or any instrument or documents creating any lien prior or superior to the lien of this Deed of Trust, Beneficiary shall have and be entitled to a lien on the Mortgaged Property equal in priority to that discharged, and Beneficiary shall be subrogated to, and receive and enjoy all rights and liens possessed,held or enjoyed by,the holder of such lien,which shall remain in existence for the benefit of Beneficiary to secure the amount expended by Beneficiary on account of or in connection with such lien. SECTION 6.14. Conflicting Provisions To the extent that any term, condition, covenant agreement,representation or warranty contained in the Deed of Trust shall contradict or be in conflict with any term,condition,covenant agreement,representation or warranty contained in the Credit Agreement(including,for clarity,by imposing more burdensome obligations on the Trustor with respect to subject matters addressed in the Credit Agreement,such as what constitutes an Event of Default, notification obligations and obligations to comply with laws, permits, leases and contracts), the term, condition, covenant agreement, representation or warranty contained in the Credit Agreement shall control. SECTION 6.15. Counterparts. This Deed of Trust may be executed in any number of identical counterparts, any set of which signed by all the parties hereto shall be deemed to constitute a complete, executed original for all purposes. SECTION 6.16 Instrument Under Seal. This Deed of Trust is intended to be and shall be construed as an instrument under seal. SECTION 6.17 Security Agreement. This Deed of Trust constitutes both a real property deed of trust and a"security agreement'within the meaning of the Uniform Commercial Code in effect in the State of Nebraska. The Mortgaged Property includes both real and personal property and all other rights and interests,whether tangible or intangible in nature,of Trustor in the Mortgaged Property. By executing and delivering this Deed of Trust, Trustor hereby grants to Beneficiary, as security for the Obligations, a security interest in all Mortgaged Property, to the extent that a security interest may be granted therein under the terms of the Nebraska Uniform Commercial Code. If an Event of Default shall occur and be continuing.Beneficiary,in addition to any other rights and remedies which it may have, shall have and may exercise immediately and without demand, any and all rights and remedies granted to a secured party upon default under the -27-