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<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 Beneficiaty or Trustee, and
<br /> shall pay all costs and expenses, including cost of evidence of title and attorney's fees, in any such action
<br /> or proceeding in which Beneficiary or Trustee may appear. Should Trustor fail to make any payment or
<br /> to do any act as and in the manner provided in any of the Loan Instruments, Beneficiary and/or Trustee,
<br /> each in its own discretion, without obligation so to do and without notice to or demand upon Trustor and
<br /> without releasing Trustor from any obligation, may make or do the same in such manner and to such
<br /> extent as either may deem necessary to protect the security hereo£ Trustor shall, immediately upon
<br /> demand therefor by Beneficiary, pay all costs and expenses incurred by Beneficiary in connection with
<br /> the exercise by Beneficiary 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 expenses not paid within (30)
<br /> days of written demand shall draw interest at the default rate provided in the Notes. Trustor shall not use
<br /> or allow use of the Trust Estate for any unlawful purpose. Trustor agrees not to sell, transfer, lease, or
<br /> further encumber the Trust Estate in any way without prior written approval of Beneficiary.
<br /> 5. EMINENT DOMAIN. Should the Trust Estate, or any part thereof or interest therein, be taken
<br /> or damaged by reason of any public improvement or condemnation proceeding, or in any other manner
<br /> including deed in lieu of Condemnation ("Condemnation"), or should Trustor receive any notice or other
<br /> information regarding such proceeding, Trustor shall give prompt written notice thereof to Beneficiary.
<br /> Beneficiary shall be entitled to all compensation, awards, and other payments or relief therefor, and shall
<br /> be entitled at its option to commence, appear in, and prosecute in its own name any action or
<br /> proceedings. Beneficiary shall also be entitled to make any compromise or settlement in connection with
<br /> such taking or damage. All such compensation, awards, damages, rights of action, and proceeds awarded
<br /> to Trustor. (the "Proceeds") are hereby assigned to Beneficiary, and Trustor agrees to execute such
<br /> further assignments of the Proceeds as Beneficiary or Trustee may require.
<br /> 6. APPOINTMENT OF SUCCESSOR TRUSTEE. Beneficiary may, from time to time, by a
<br /> written instrument executed and acknowledged by Beneficiary, mailed to Trustor and Recorded in the
<br /> County in which the Trust Estate is located and by otherwise complying with the provisions of the
<br /> applicable law of the State of Nebraska, substitute a successor or successors to the Trustee named herein
<br /> or acting hereunder.
<br /> 7. SUCCESSORS AND ASSIGNS. This Deed of Trust applies to, inures to the benefit of, and
<br /> binds all parties hereto, their heirs, legatees, devisees, personal representatives, successors and assigns.
<br /> The term "Beneficiary" shall mean the owner and holder of the Notes, whether or not named as
<br /> Beneficiary herein.
<br /> 8. INSPECTIONS. Beneficiary, or its agents, representatives, or workmen, are authorized to
<br /> enter at any reasonable time upon or in any part of the Trust Estate for the purpose of inspecting the same
<br /> and for the purpose of performing any of the acts it is authorized to perform under the terms of any of the
<br /> Loan Instruments.
<br /> 9. EVENTS OF DEFAULT. The occurrence of any of the following events shall be an event of
<br /> default under this Deed of Trust:
<br /> a. failure to pay any amount on the Notes when due; or
<br /> b. failure to pay any other Indebtedness between Trustor and Beneficiary when due,
<br /> whether Secured Hereby or not Secured Hereby; or
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