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Ub /b4/2001 14:30 308- 234 -4218 TVRDIK LAW OFFICE PAGE 05 200105298 subject premises or any part thereof, he shall forthwith obtain the written consent of Beneficiary to such sale or encumbrance while any sums remain due on the Note secured by this Trust Deed. Should Trustor sell or encumber any part of the subject premises or any interest therein to any third parry, or enter into an agreement to sell, encumber, or create an interest in a third person in the Property without the written consent of Beneficiary, other than the granting of a lease to a third party or should Trustor permit any part of the subject premises or any interest therein to become subject to a lion of any kind without the written consent of Beneficiary, Beneficiary, at Beneficiary's option, can declare the entire indebtedness remaining due and unpaid immediately due and payable, and exercise any remedies available under the provisions of this Trust Deed. Consent to one such transaction shall not be deemed to be a waiver of the right to require such consent to future or successive transactions. If this Trust Deed or the Note secured hereby provides any penalty for prepayment of any indebtedness secured hereby, Trustor agrees to pay said penalty if any of said indebtedness shall be paid prior to the due date thereof stated in said Note or this Trust Deed, even if and notwithstanding Trustor shall have defaulted in payment thereof, or in performance of any agreement hereunder, and Beneficiary, by reason thereof, shall have declared all slims secured hereby immediately due and payable. 12. Assiltgment of Rents. As additional security, Trustor hereby assigns to Beneficiary the rents of the Property, provided that Trustor shall, prior to acceleration hereunder or abandonment of the Property, have the right to collect and retain such rents as they become due and payable. On acceleration as provided hereunder or Trustors' abandonment of the Property, Beneficiary, in person or by agent or by a judicially appointed receiver, shall be entitled to enter upon, take possession of and manage the Property and collect the rents and products of the Property. All rents and products collected by Beneficiary or the receiver shall be applied first to payment of costs of managing the Property and collection of rents and products, including, but not limited to, receiver's fees, premiums on receiver's and applicant's bonds, and, if allowed by law, reasonable attorney's fees, and then to sums secured by this Trust Deed. 13. Successor Trustee. Beneficiary, at Beneficiary's option, may from time to time appoint a successor Trustee by filing for record in the office of the Register of Deeds of Hall County, Nebraska, a substitution of Trustee in the form provided by Nebraska statutes. From the time the substitution is filed for record, the new Trustee shall succeed to all the powers, duties, authority and title of the Trustee named in the Trust deed and of any prior successor Trustee. 14. Trustee's Duties. Trustor acknowledges that: (a) The duties and obligations of Trustee shall be determined solely by the express provisions of this Trust Deed, and the Trustee shall not be liable except for the performance of such duties and obligations as are specifically set forth herein, and no implied covenants or obligations shall be imposed upon Trustee; PAGE 5 OF I I PAGES