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LAW OFFICE
<br />BRAD MONCRIEF,
<br />L.L.C.
<br />1239 N. Burlington Ave.,
<br />Suite 200
<br />Hastings, NE 68901
<br />(402)462-5353
<br />202403964
<br />TO PROTECT THE SECURITY OF THIS DEED OF TRUST:
<br />1. PAYMENT OF INDEBTEDNESS. Trustor shall pay when due the principal of, and
<br />the interest on, the indebtedness evidenced by the Note, charges, fees and all other sums as
<br />provided in the Loan Instruments.
<br />2. TAXES. Trustor shall pay each installment of all taxes and special assessments of
<br />every kind, now or hereafter levied against the Trust Estate or any part thereof, before
<br />delinquency, without notice or demand, and shall provide Beneficiary with evidence of the
<br />payment of same. Trustor shall pay all taxes and assessments which may be levied upon
<br />Beneficiary's interest herein or upon this Deed of Trust or the debt secured hereby, without
<br />regard to any law that may be enacted imposing payment of the whole or any part thereof upon
<br />the Beneficiary.
<br />3. INSURANCE AND REPAIRS. Trustor shall maintain fire and extended coverage
<br />insurance insuring the improvements and buildings constituting part of the Trust Estate for an
<br />amount no less than the amount of the unpaid principal balance of the Note (co-insurance not
<br />exceeding 80% permitted). Such insurance policy shall contain a standard mortgage clause in
<br />favor of Beneficiary and shall not be cancelable, terminable or modifiable without Ten (10) days
<br />prior written notice to Beneficiary. Trustor shall promptly repair, maintain and replace the Trust
<br />Estate or any part thereof so that, except for ordinary wear and tear, the Trust Estate shall not
<br />deteriorate. In no event shall the Trustor commit waste on or to the Trust Estate.
<br />4. 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
<br />Beneficiary or Trustee, and shall pay all costs and expenses, including cost of evidence of title
<br />and attorney's fees to the extent allowed by law, in any such action, or proceeding in which
<br />Beneficiary or Trustee may appear. Should Trustor fail to make any payment or to do any acts
<br />as and in the manner provided in any of the Loan Instruments, Beneficiary and/or Trustee, each
<br />in its own discretion, without obligation so to do and without notice to or demand upon Trustor
<br />and without releasing Trustor from any obligation, may make or do the same in such manner and
<br />to such extent as either may deem necessary to protect the security hereof. Trustor shall,
<br />immediately upon demand therefor by Beneficiary, pay all costs and expenses incurred by
<br />Beneficiary in connection with the exercise by Beneficiary of the foregoing rights, including
<br />without limitation costs of evidence of title, court costs, appraisals, surveys and attorney's fees.
<br />Any such costs and expenses not paid within Ten (10) days of written demand shall draw interest
<br />at the default rate provided in the Note.
<br />5. EMINENT DOMAIN. Should the Trust Estate, or any part thereof or interest therein,
<br />be taken or damaged by reason of any public improvement or condemnation proceeding, or in
<br />any other manner, including deed in lieu of condemnation ("Condemnation"), or should Trustor
<br />receive any notice or other information regarding such proceeding, Trustor shall give prompt
<br />written notice thereof to Beneficiary. Beneficiary shall be entitled to all compensation, awards
<br />and other payments or relief thereof, and shall be entitled at its option to commence, appear in
<br />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
<br />compensation, awards, damages, rights of action and proceeds awarded to Trustor (the
<br />"Proceeds") are hereby assigned to Beneficiary and Trustor agrees to execute such further
<br />assignments of the Proceeds as Beneficiary or Trustee may require.
<br />6. APPOINTMENT OF SUCCESSOR TRUSTEE. Beneficiary may, from time to time,
<br />by a written instrument executed and acknowledged by Beneficiary, mailed to Trustor and
<br />recorded in the County in which the Trust Estate is located, and by otherwise complying with the
<br />provisions of the applicable law of the State of Nebraska, substitute a successor or successors to
<br />the Trustee named herein or acting hereunder.
<br />7. SUCCESSORS AND ASSIGNS. This Deed of Trust applies to, inures to the benefit
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