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200103041
<br />4. ACTIONS AFFECTING TRUST ESTATE. Trustor shall appear in and contest any action or proceeding
<br />purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee, and shall pay all costs and
<br />expenses, including cost of evidence of title and attorneys fees, in any such action or proceeding in which Beneficiary
<br />or Trustee may appear. Should Trustor fail to make any payment or to do any act as and in the manner provided in any
<br />of the Loan Instruments, Beneficiary and/or Trustee, each in its own discretion, without obligation so to do and without
<br />notice to or demand upon Trustor and without releasing Trustor from any obligation, may make or do the same in such
<br />manner and to such extent as either may deem necessary to protect the security hereof. Trustor shall, immediately upon
<br />demand therefor by Beneficiary, pay all costs and expenses incurred by Beneficiary in connection with the exercise by
<br />Beneficiary of the foregoing rights, including without limitation costs of evidence of title, Court costs, appraisals,
<br />surveys and attorneys fees. Any such costs and expenses not paid within ten (10) days of written demand shall draw
<br />interest at the default rate provided in the Note.
<br />S. EMINENT DOMAIN. Should the Trust Estate, or any part thereof or interest therein, be taken or damaged
<br />by reason of any public improvement or condemnation proceeding, or in any other manner including deed in lieu of
<br />Condemnation ( "Condemnation "), or should Trustor receive any notice or other information regarding such proceeding,
<br />Trustor shall give prompt written notice thereof to Beneficiary. Beneficiary shall be entitled to all compensation,
<br />awards and other payments or relief therefor, and shall be entitled at its option to commence, appear in and prosecute in
<br />its own name any action or proceedings. Beneficiary shall Also be entitled to make any compromise or settlement in
<br />connection with such taking or damage. All such compensation, awards, damages, rights or action and proceeds
<br />awarded to Trustor (the "Proceeds ") are hereby assigned to Beneficiary and Trustor agrees to execute such further
<br />assignments of the Proceeds as Beneficiary or Trustee may require.
<br />6. APPOINTMENT OF SUCCESSOR TRUSTEE. Beneficiary may, from time to time, by a written
<br />instrument executed and acknowledged by Beneficiary, mailed to Trustor and recorded in the County in which the
<br />Trust Estate is located and by otherwise complying with the provisions of the applicable law of the State of Nebraska
<br />substitute a successor or successors to the Trustee named herein or acting hereunder.
<br />7. SUCCESSORS AND ASSIGNS. This Deed of Trust applies to, inures to the benefit of and binds all
<br />parties hereto, their heirs, legatees, devisees, personal representatives, successors and assigns. The term "Beneficiary"
<br />shall mean the owner and holder of the Note, whether or not named as Beneficiary herein.
<br />8. INSPECTIONS. Beneficiary, or its agents, representatives or workmen, are authorized to enter at any
<br />reasonable time upon or in any part of the Trust Estate for the purpose of inspecting the same and for the purpose of
<br />performing any of the acts it is authorized to perform under the terms of any of the Loan Instruments, provided
<br />reasonable notice of at least 24 hours is given and further provided that Trustor has been given opportunity to remedy.
<br />9. EVENTS OF DEFAULT. Any of the following events shall be deemed an event of default hereunder:
<br />a. Trustor shall have failed to make payment of any installment of interest, principal, or principal and interest
<br />or any other sum secured hereby when due; or
<br />b. There has occurred a breach of or default under any term, covenant, agreement, condition, provision,
<br />representation or warranty contained in any of the Loan Instruments.
<br />10. ACCELERATION UPON DEFAULT, ADDITIONAL REMEDIES. Beneficiary shall give notice to
<br />Trustor prior to acceleration following Trustor's breach of any covenant or agreement in this Deed of Trust unless
<br />applicable law provides otherwise. The notice shall specify: (a) the default; (b) the action required to cure the default;
<br />(c) a date, not less than thirty (30) days from the date the notice is given to Trustor, by which the default must be cured;
<br />and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums
<br />secured by this Deed of Trust and sale of the Property. The notice shall further inform Trustor of the right to reinstate
<br />after acceleration and the right to bring a Court action to assert the non - existence of a default or any other defense of
<br />Trustor to acceleration and sale. If the default is not cured on or before the date specified in the notice, Beneficiary at
<br />its option may require immediate payment in full of all sums secured by this Deed of Trust without further demand and
<br />may invoke the power of sale and any other remedies permitted by applicable law. Beneficiary shall be entitled to
<br />collect all expenses incurred in pursing the remedies provided in this paragraph, including, but not limited to,
<br />reasonable attorneys fees and costs of title evidence. Thereafter Beneficiary may:
<br />a. Either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed
<br />by a Court and without regard to the adequacy of its security, enter upon and take possession of the Trust Estate, or any
<br />part thereof, in its own name or in the name of Trustee, and do any acts which it deems necessary or desirable to
<br />preserve the value, marketability or rentability of the Trust Estate, or part thereof or interest therein, increase the
<br />income therefrom or protect the security hereof and, with or without taking possession of the Trust Estate, sue for or
<br />otherwise collect the rents, issues and profits thereof, including those past due and unpaid, and apply the same, less
<br />costs and expenses of operation and collection including attorneys fees, upon any indebtedness secured hereby, all in
<br />such order as Beneficiary may determine. The entering upon and taking possession of the Trust Estate, the collection
<br />of such rents, issues and profits and the application thereof as aforesaid, shall not cure or waive any default or notice of
<br />default hereunder or invalidate any act done in response to such default or pursuant to such notice of default and,
<br />notwithstanding the continuance in possession of the Trust Estate or the collection, receipt and application of rents,
<br />issues or profits, Trustee or Beneficiary shall be entitled to exercise every right provided for in any of the Loan
<br />Instruments or by law upon occurrence of any event of default, including the right to exercise the power of sale;
<br />b. Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver, or specifically
<br />enforce any of the covenants hereof;
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