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200110903 ARTICLE IV Additional Advances; Expenses; Indemnity SECTION 4.01. Additional Advances and Disbursements. (a) Grantor agrees that, if Grantor shall default in any of its obligations hereunder, then Beneficiary and/or Trustee shall have the right (but no obligation) without notice to Grantor to advance all or any part of amounts owing or to perform any or all required actions. No such advance or performance shall be deemed to have cured such default by Grantor or any Event of Default with respect thereto. All sums advanced and all expenses incurred by Beneficiary and/or Trustee in connection with such advances or actions, and all other sums advanced or expenses incurred by Beneficiary and/or Trustee hereunder or under applicable law (whether required or optional and whether indemnified hereunder or not) shall be part of the Secured Obligations, shall bear interest at the Default Rate and as provided in the Credit Agreement and shall be secured by this Deed of Trust. Grantor hereby appoints Beneficiary and Trustee, severally, its true and lawful attorney -in -fact to make the payments and effect the performance contemplated by the aforesaid provisions in the name and on behalf of Grantor. This appointment, being coupled with an interest, shall be irrevocable until all of the Secured Obligations shall be fully satisfied, paid and performed and Beneficiary shall have no further Secured Obligations. (b) This Deed of Trust secures not only existing indebtedness, but also future or additional advances made pursuant hereto or to the Credit Agreement, whether such advances are obligatory or optional. This Deed of Trust shall secure unpaid balances of advances made, with respect to the Trust Property for the payment of taxes, assessments, insurance premiums or costs incurred for the protection of the Trust Property. SECTION 4.02. Indemnity. Grantor agrees to indemnify and hold harmless Beneficiary, the holders of the Secured Obligations and their respective officers, directors, employees, agents and shareholders (the "indemnified parties ") from and against any and all losses, damages, claims, costs and expenses (including attorneys' fees and disbursements) which may be imposed on, incurred by or asserted against any of the indemnified parties in connection with any transaction in any way connected with the Trust Property or the Loan Documents, except to the extent any such loss, damage, claim, cost or expense is the result of the willful misconduct or gross negligence of the indemnified party. Any amount payable under this Section shall be deemed a demand obligation, shall be added to and become a part of the Secured Obligations, shall bear interest at the rate and as provided in the Credit Agreement, and shall be secured by this Deed of Trust. SECTION 4.03. Other Expenses. Grantor will pay or, on demand, reimburse Beneficiary, Trustee or any holder of the Secured Obligations for the payment of any and all costs or expenses (including attorneys' fees and disbursements) incurred in connection with (i) any default or Event of Default by Grantor hereunder, (ii) the exercise or enforcement by or on behalf of Beneficiary, Trustee or any holder of the Secured Obligations of any of its rights or of Grantor's obligations under the Loan Documents or (iii) the granting, administration, enforcement and closing of the transactions contemplated hereunder. NYDOCS03 /596673.1 17 HALL COUNTY, NEBRASKA