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<br />shall promptly repair, maintain and replace the Trust Estate or any part thereof so that, except for ordinary wear
<br />and tear, the Trust Estate shall not deteriorate. In no event shall the Trustor commit waste on or to the Trust
<br />Estate.
<br />4. ACTIONS AFFECTING TRUST ESTATE. Trustor shall appear in and contest any action or
<br />proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee, and shall pay
<br />all costs and expenses, including cost of evidence of title and attorney's fees, in any such action or proceeding in
<br />which Beneficiary or Trustee may appear. Should Trustor fail to make any payment or to do any act as and in the
<br />manner provided in any of the Loan Instruments, Beneficiary and/or Trustee, each in its own discretion, without
<br />obligation, may make or do the same in such manner and to such extent as either may deem necessary to protect
<br />the security hereof. Trustor shall, immediately upon demand therefore 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
<br />expenses not paid within ten (10) days of written demand shall draw interest at the default rate provided in the
<br />Note.
<br />5. EMINENT DOMAIN. Should the Trust Estate, or any part thereof or interest therein, be taken or
<br />damaged by reason of any public improvement or condemnation proceeding, or in any other manner including
<br />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 and condemnation awards and other payments or relief therefore, and shall be entitled
<br />to make any compromise or settlement in connection with such taking or damage. All such compensation and
<br />condemnation, awards, damages, rights of action and proceeds awarded to Trustor (the "Proceeds") are hereby
<br />assigned to Beneficiary; and Trustor agrees to execute such further assignments of the Proceeds as Beneficiary or
<br />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
<br />Nebraska 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
<br />"Beneficiary" 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
<br />any reasonable time upon or in any part of the Trust Estate for the purpose of inspecting the same and for the
<br />purpose of performing any of the acts it is authorized to perform under the terms of any of the Loan Instruments.
<br />9. EVENTS OF DEFAULT. Any of the following events shall be deemed an event of default
<br />hereunder:
<br />(a) Trustor shall have failed to make payment of any installment of interest, principal, or principal and
<br />interest or any other sum secured hereby when due; or,
<br />(b) There has occurred a breach 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. Should an event of default
<br />occur, Beneficiary may declare all indebtedness secured hereby to be due and payable, and the same shall
<br />thereupon become due and payable without any presentment, demand, protest, or notice of any kind. Thereafter
<br />the Beneficiary may:
<br />(a) Either in person or by agent, with or without bringing any action or proceeding, or by a receiver
<br />appointed by a Court and without regard to the adequacy of its security, enter upon and take possession of the
<br />Trust Estate, or any part thereof, in its own name or in the name of Trustee, and do any acts which it deems
<br />necessary or desirable to preserve the value, marketability or rent -ability of the Trust Estate, or part thereof or
<br />interest therein, increase the income therefrom or protect the security hereof, and with or without taking
<br />possession of the Trust Estate, sue for or otherwise collect the rents, issues and profits thereof, including those
<br />past due and unpaid, and apply the same, less costs and expenses of operation and collection, including attorney's
<br />fees, upon any indebtedness secured hereby, all in such order as Beneficiary may determine. The entering upon
<br />and taking possession of the Trust Estate, the collection of such rents, issues and profits and the application
<br />thereof as aforesaid, shall not cure or waive any default or notice of default hereunder or invalidate any act done
<br />in response to such default or pursuant to such notice of default and, notwithstanding the continuance in
<br />possession of the Trust Estate or the collection, receipt and application of rents, issues or profits, Trustee or
<br />Beneficiary shall be entitled to exercise every right provided for in any
<br />of the Loan Instruments or by law upon occurrence of any event of default, including the right to exercise the
<br />power of sale;
<br />(b) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver, or specifically
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