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w r 101934 (b): All payments received by Beneficiary as to any debt, liability or obligation owed to Beneficiary by Trustor may be applied by Beneficiary:.to,the payment ofthe indebtedness evidenced by the Note or to any such other debt, liability or obligation, in any order or manner of: application which Beneficiary, in its absolute discretion, deems..appropriite. Unless otherwise elected by Beneficiary, any such payment shall be deemed applied first to the payment of any debt, liability or obligation other than the Note; then to taxes, special assessments and insurance; then to late charges; then to interest; and then to principal. (c) If any installment of principal and interest on the indebtedness evidenced by the Note is not received in full by Beneficiary within fifteen (15) days of the date the installment is due, Trustor shall pay to Beneficiary a late charge of five percent ( .5t) of the principal and interest portion of the installment; 74- avided that if the 15 -day period` ends on a weekend or holiday, such perYOd is extended to the rtext business day. Such late charge shall be immediately due and payable. Payment of such late charge:. shall not excuse or cure any default by'Trustor under this Deed of Trust. (d) If any - default by Trustor in the payment or performance of any of;the Obligations exists for a period of thirty (30) days after written notice from Beneficiary, then the outstanding principal.balance of indebtedness under the Note.�a11'" bear interest from the first day following the end of the SMIC:."30- dayiperiod until the default is cured at a rate of one Er y atl per annum above the original rate provided in the Note cs the'rate Frovided, in any agreement which modifies the original, rate. The to1`a1, rage of interest shall not be in excess at a lauiful rate. )V4, me-iit of such additional interest shall not excuse or cure any drftti�lt by Trustor under this ' Deed of Trust. 4. Organization, Power, *to. Trustor hereby represents and warrants to Beneficiary that Trustor: (a) is a corporation duly organized, validly existing and in good standing under the laws of the State of Nebraska; (b) has the power and authority to own its properties and to carry on its business as now being conducted; (c) .is qualified to do business in every jurisdiction in which the nature of its business or its properties makes such.: qualification necessary; and (d) is in cezp1lance with all laws, regulations, ordinances and orders of public authorities applicable to it.`. 5. Raliditg of Loan =nstrmasnts. Trustor hereby represents and warrants to Beneficiary that: (a) the execution, delivery and performance by Trustor of this Deed of Trust and the Related Loan Instruments (i) are within the power of Trustor and other cla-ligors named therein, if any, " (ii) have been duly authorized by all requisite action; (iii) have" received all necessary governmental approval; and (iv) will not violate any provision of law, any-'order of any court or ezthar kl.gency of government, any articles'of liMited partnership, Partnership, any articles of incorporation or any agreement or other instrument, or result in the creatidn' or imposition of any lien, charge or encumbrance of any nature whatsoever upon any of its property or assets, except as contemplated by the provisions of this Deed of Trust; and (b) this Deed of Trust and the Related Loan Instruments, c�3aen executed and delivered by Trustor will constitute legal, valid and bindimg obligations of Trustor and other obligors named therein, if any, in accordance with their respective terms. 6. Financial Btatuents. Trustor hereby represents and warrants to Beneficiary that: (a) Trustor has heretofore given to Beneficiary balance sheets, including the related schedules and notes, of Trustor; (b) such balance sheets and all other financial data that have been given to Beneficiary with respect to Trustor (i) are D: \L4DAND0C\NEALT11. DOT April lo, iggg 4 f r r- I-