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201600673 interest in and to the leases and rents. Beneficiary hereby consents to Trustor's collection and retention of such rents, as they accrue and become payable so long as there exists no Event of default by Trustor hereunder. Upon an Event of default, Beneficiary may, at any time, either in person, by agent, or by a receiver appointed by a court, without notice and without regard to the adequacy of any security for the Indebtedness hereby secured, (a) enter upon and take possession of the Trust Property or any part thereof, and in its own name sue for or otherwise collect such rents, including those past due and unpaid, and apply the same, less costs and expenses of operation and collection, including reasonable attorney fees, to the Indebtedness secured hereby, and in such order and priority as Beneficiary may determine, (b) perform such acts of repair or protection as may be necessary or proper to conserve the value of the Trust Property, and (c) lease the same or any part thereof for such rental, term and upon such conditions as such Beneficiary may deem appropriate, or terminate or modify the terms and conditions of existing leases. Trustor irrevocably authorizes any and all tenants under the leases, upon demand and notice from Beneficiary of an Event of default, to pay all rents and sums due under the leases directly to Beneficiary. 9. Trustor authorizes Beneficiary and its agents to enter upon the Trust Property to make such inspections as Beneficiary may reasonably deem appropriate to determine compliance of the Trust Property with the various provisions of this Deed of Trust. 10. If Trustor fails to perform the covenants and agreements herein contained, Beneficiary may do and pay for whatever is necessary to protect the value of the Trust Property and Beneficiary's rights in the Trust Property, including the paying of any sum secured by a lien which has priority over this Deed of Trust, appearing in court, paying reasonable attorney fees and entering upon the Trust Property to make repairs. Any amount disbursed by Beneficiary under this paragraph shall become an additional debt of Trustor secured by this Deed of Trust, and shall bear interest from the date of disbursement at the rate of ten percent (10 %) per annum or the highest rate allowed by law, whichever is less, until such amount has been refunded by Trustor. 11. The proceeds of any condemnation award are hereby assigned and shall be paid to Beneficiary and shall be applied to the sums secured by this Deed of Trust, whether or not then due, with any excess paid to Trustor. 12. Any extensions or modifications of the Loan Documents shall not operate to release the liability of the original Trustor or Trustor's successors in interest. Any forbearance by Beneficiary in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 13. Any notice to Trustor provided for in this Deed of Trust shall be given by delivering it or by mailing it by first class mail unless Nebraska law requires use of another method, at the Trustor's last known address. 14. This Deed of Trust shall be governed by Nebraska law. 15. Beneficiary shall give notice to Trustor following Trustor's breach of any covenant or agreement in this Deed of Trust and the other Loan Documents which it secures. The notice shall specify (a) the default, (b) the action required to cure the default, (c) a date not Tess than 30 days from the date the notice is given to Trustor by which the default must be cured; provided, however, any breach related to a failure to make payments as due under the Loan Documents shall not require notice and any such failure may immediately result in acceleration of the sum 4844 - 6966 - 0972.2 4