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200401341
<br />4. ENVIRONMENTAL COMPLIANCE. Trustor shall comply with all
<br />federal, state, and local environmental laws, ordinances, rules, requirements,
<br />regulations, and publications as now existing or hereafter existing, amended,
<br />supplemented, or supplanted relating to the preservation of the environment or
<br />the regulation or control of toxic or hazardous substances or materials. Trustor
<br />hereby warrants and represents to Beneficiary that there are no toxic or
<br />hazardous substances or materials on or under the Property. Trustor does hereby
<br />indemnify and hold Beneficiary harmless and any successors to Beneficiary's
<br />interest from and against any and all claims, damages, losses, and liabilities
<br />arising in connection with the presence, use, disposal, or transport of any
<br />substance which is the subject of any environmental law, regulation, or control
<br />of toxic or hazardous substances or materials on, under, from, or about the
<br />Property. This indemnity shall survive reconveyance of the Property secured by
<br />this Trust Deed.
<br />5. ACTIONS AFFECTING TRUST ESTATE. Trustor shall appear in and
<br />contest any action or proceeding purporting to affect the security hereof or the
<br />rights or powers of Beneficiary or Trustee, and shall pay all costs and expenses,
<br />including cost of evidence of title and attorney's fees, in any such action or
<br />proceeding in which Beneficiary or Trustee may appear. Should Trustor fail to
<br />make any payment or to do any act as and in the manner provided in any of the
<br />Loan Instruments, Beneficiary and /or Trustee, in its own discretion, without
<br />obligation so to do and without notice to or demand upon Trustor and without
<br />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.
<br />Trustor shall, immediately upon demand therefor by Beneficiary, pay all costs and
<br />expenses incurred by Beneficiary in connection with the exercise by Beneficiary
<br />of the foregoing rights, including without limitation costs of evidence of title,
<br />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
<br />the default rate provided in the Note.
<br />6. EMINENT DOMAIN. Should the Trust Estate, or any part thereof
<br />or interest therein, be taken or damaged by reason of any public improvement or
<br />condemnation proceeding, or in any other manner including deed in lieu of
<br />Condemnation ( "Condemnation "), or should Trustor receive any notice or other
<br />information regarding such proceeding, Trustor shall give prompt written notice
<br />thereof to Beneficiary. Beneficiary shall be entitled to all compensation,
<br />awards and other payments or relief therefor, and shall be entitled at its option
<br />to commence, appear in and prosecute in its own name any action or proceedings.
<br />Beneficiary shall also be entitled to make any compromise or settlement in
<br />connection with such taking or damage. All such compensation, awards, damages,
<br />rights of action and proceeds awarded to Trustor (the "Proceeds ") are hereby
<br />assigned to Beneficiary and Trustor agrees to execute such further assignments
<br />of the Proceeds as Beneficiary or Trustee may require.
<br />7. FUTURE ADVANCES. Upon request of Trustor, Beneficiary, at
<br />Beneficiary's option, prior to reconveyance of the Property to Trustor may make
<br />future advances to Trustor. Such future advances, with interest thereon, shall
<br />be secured by this Deed of Trust when evidenced by promissory notes stating that
<br />said notes are secured hereby.
<br />8. APPOINTMENT OF SUCCESSOR TRUSTEE. Beneficiary may, from time
<br />to time, by a written instrument executed and acknowledged by Beneficiary, mailed
<br />to Trustor and Recorded in the County in which the Trust Estate is located and
<br />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
<br />acting hereunder.
<br />9. SUCCESSORS AND ASSIGNS. This Deed of Trust applies to, inures
<br />to the benefit of and binds all parties hereto, their heirs, legatees, divorcees,
<br />personal representatives, successors and assigns. The term "Beneficiary" shall
<br />mean the owner and holder of the Note, whether or not named as Beneficiary
<br />herein.
<br />10. INSPECTIONS. Beneficiary, or its agents may make reasonable
<br />entries upon and inspections of the Property. Beneficiary shall give Trustor
<br />notice at the time of or prior to an inspection specifying reasonable cause for
<br />the inspection.
<br />11. TRUSTOR NOT RELEASED; FORBEARANCE BY BENEFICIARY NOT A WAIVER.
<br />Extension of the time for payment or modification of amortization of the sums
<br />secured by this Security Instrument granted by Beneficiary to any successor in
<br />interest of Trustor shall not operate to release the liability of the original
<br />Trustor or Trustor's successors in interest. Beneficiary shall not be required
<br />to commence proceedings against any successor in interest or refuse to extend
<br />time for payment or otherwise modify amortization of the sums secured by this
<br />Security Instrument by reason of any demand made by the original Trustor or
<br />Trustor's successors in interest. Any forbearance by Beneficiary in exercising
<br />any right or remedy shall not be a waiver of or preclude the exercise of any
<br />right or remedy.
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