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default hereunder
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<br />5. ACTIONS AFFECTING TRUST ESTATE. Trustor shall appear in and contest any
<br />action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee, and
<br />shall pay all costs and expenses, including cost of evidence of title and attorney's fees, in any such action or
<br />proceeding in which Beneficiary or Trustee may appear. Should Trustor fail to make any payment or to do any act
<br />as and in the manner provided in any of the Loan Instruments, Beneficiary and/or Trustee, in its own discretion,
<br />without obligation so to do and without notice to or demand upon Trustor and without releasing Trustor from any
<br />obligation, may make or do the same in such manner and to such extent as either may deem necessary to protect the
<br />security hereof. Trustor shall, immediately upon demand therefor by Beneficiary, pay all costs and expenses
<br />incurred by Beneficiary in connection with the exercise by Beneficiary of the foregoing rights, including without
<br />limitation costs of evidence of title, court costs, appraisals, surveys and attorney's fees. Any such costs and expenses
<br />not paid within ten (10) days of written demand shall draw interest at the default rate provided in the Note.
<br />6. EMINENT DOMAIN. Should the Trust Estate, or any part thereof or interest therein, be
<br />taken or damaged by reason of any public improvement or condemnation proceeding, or in any other manner
<br />including deed in lieu of Condemnation ( "Condemnation "), or should Trustor receive any notice or other information
<br />regarding such proceeding, Trustor shall give prompt written notice thereof to Beneficiary. Beneficiary shall be
<br />entitled to all compensation, awards and other payments or relief therefor, and shall be entitled at its option to
<br />commence, appear in and prosecute in its own name any action or proceedings. Beneficiary shall also be entitled to
<br />make any compromise or settlement in connection with such taking or damage. All such compensation, awards,
<br />damages, rights of action and proceeds awarded to Trustor (the "Proceeds ") are hereby assigned to Beneficiary and
<br />Trustor agrees to execute such further assignments of the Proceeds as Beneficiary or Trustee may require.
<br />7. FUTURE ADVANCES. Upon request of Trustor, Beneficiary, at Beneficiary's option,
<br />prior to reconveyance of the Property to Trustor may make future advances to Trustor. Such future advances, with
<br />interest thereon, shall be secured by this Deed of Trust when evidenced by promissory notes stating that said notes
<br />are secured hereby.
<br />8. APPOINTMENT OF SUCCESSOR TRUSTEE. Beneficiary may, from time to time, by
<br />a written instrument executed and acknowledged by Beneficiary, mailed to Trustor and Recorded in the County in
<br />which the Trust Estate is located and by otherwise complying with the provisions of the applicable law of the State of
<br />Nebraska substitute a successor or successors to the Trustee named herein or acting hereunder.
<br />9. SUCCESSORS AND ASSIGNS. This Deed of Trust applies to, inures to the benefit of
<br />and binds all parties hereto, their heirs, legatees, divorcees, personal representatives, successors and assigns. The
<br />term "Beneficiary" shall mean the owner and holder of the Note, whether or not named as Beneficiary herein.
<br />10. INSPECTIONS. Beneficiary, or its agents may make reasonable entries upon and
<br />inspections of the Property. Beneficiary shall give Trustor notice at the time of or prior to an inspection specifying
<br />reasonable cause for the inspection.
<br />11. TRUSTOR NOT RELEASED; FORBEARANCE BY BENEFICIARY NOT A
<br />WAIVER. Extension of the time for payment or modification of amortization of the sums secured by this Security
<br />Instrument granted by Beneficiary to any successor in interest of Trustor shall not operate to release the liability of
<br />the original Trustor or Trustor's successors in interest. Beneficiary shall not be required to commence proceedings
<br />against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums
<br />secured by this Security Instrument by reason of any demand made by the original Trustor or Trustor's successors in
<br />interest. Any forbearance by Beneficiary in exercising any right or remedy shall not be a waiver of or preclude the
<br />exercise of any right or remedy.
<br />12. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN TRUSTOR. If
<br />all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Trustor is sold or
<br />transferred and Trustor is not a natural person) without Beneficiary's prior written consent, Beneficiary may, at its
<br />option, require immediate payment in full of all sums secured by this Security Instrument, however, this option shall
<br />not be exercised by Beneficiary if exercise is prohibited by federal law as of the date of this Security Instrument. If
<br />Beneficiary exercises this option, Beneficiary shall give Trustor notice of acceleration. The notice shall provide a
<br />period of not less than 30 days from the date the notice is delivered or mailed within which the Trustor must pay all
<br />sums secured by this Security Instrument. If Trustor fails to pay these sums prior to the expiration of this period,
<br />Beneficiary may invoke any remedies permitted by this Security Instrument without further notice or demand on
<br />Trustor.
<br />13. EVENTS OF DEFAULT. Any of the following events shall be deemed an event of
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<br />a. Trustor shall have failed to make payment of any installment of interest,
<br />principal, or principal and interest or any other sum secured hereby when due; or
<br />b. There has occurred a breach of or default under any term, covenant, agreement,
<br />condition, provision, representation or warranty contained in any of the Loan Instruments.
<br />14. ACCELERATION; REMEDIES. Beneficiary shall give notice of default to Trustor prior
<br />to acceleration following Trustor's breach of any covenant or agreement in this Trust Deed in accordance with the
<br />requirements of the Nebraska Trust Deed Act. If the default is not cured on or before the date specified in the notice,
<br />Beneficiary at its option may require immediate payment in full of all sums secured by this Security Instrument
<br />without further demand and may invoke the power of sale and exercise all other rights and remedies permitted by
<br />applicable law. Trustor shall be entitled to collect all expenses incurred in pursuing the remedies provided in this
<br />paragraph, including, but not limited to, reasonable attorney's fees and costs of title evidence. If power of sale is
<br />invoked, Trustee shall give public notice of sale to the persons and in the manner prescribed by applicable law.
<br />Trustee, without demand on Trustor, shall sell the Property at public auction to the highest bidder at the time and
<br />place and under the terms designated in the notice of sale in one or more parcels and in any order Trustee
<br />determines. Trustee may postpone sale of all or any parcel of the Property by public announcement at the time and
<br />place of any previously scheduled sale. Beneficiary or its designee may purchase the Property at any sale. Upon
<br />receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the Property.
<br />The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee
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