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200410446
<br />4. ENVIRONMENTAL COMPLIANCE. Trustor shall comply with all federal, state, and
<br />local environmental laws, ordinances, rules, requirements, regulations, and publications as now existing or
<br />hereafter existing, amended, supplemented, or supplanted relating to the preservation of the environment
<br />or the regulation or control of toxic or hazardous substances or materials. Trustor hereby warrants and
<br />represents to Beneficiary that there are no toxic or hazardous substances or materials on or under the
<br />Property. Trustor does hereby indemnify and hold Beneficiary harmless and any successors to Beneficiary's
<br />interest from and against any and all claims, damages, losses, and liabilities arising in connection with the
<br />presence, use, disposal, or transport of any substance which is the subject of any environmental law,
<br />regulation, or control of toxic or hazardous substances or materials on, under, from, or about the Property.
<br />This indemnity shall survive reconveyance of the Property secured by this Trust Deed.
<br />5. 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 Beneficiary or Trustee,
<br />and 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 to
<br />do any act as and in the manner provided in any of the Loan Instruments, Beneficiary and /or Trustee, in its
<br />own discretion, without 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 to such extent as either
<br />may deem necessary to protect the security hereof. Trustor shall, immediately upon demand therefor by
<br />Beneficiary, pay all costs and expenses incurred by Beneficiary in connection with the exercise by Beneficiary
<br />of the foregoing rights, including without limitation costs of evidence of title, court costs, appraisals, surveys
<br />and attorney's fees. Any such costs and expenses not paid within ten (10) days of written demand shall draw
<br />interest at the default rate provided in the Note.
<br />6. 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 any other
<br />manner including deed in lieu of Condemnation ( "Condemnation "), or should Trustor receive any notice or
<br />other 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 be
<br />entitled at its option 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 connection with such taking or
<br />damage. All such 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 assignments of
<br />the Proceeds as Beneficiary or Trustee may require.
<br />7. FUTURE ADVANCES. Upon request of Trustor, Beneficiary, at Beneficiary's option,
<br />prior to reconveyance of the Property to Trustor may make future advances to Trustor. Such future
<br />advances, with interest thereon, shall be secured by this Deed of Trust when evidenced by promissory notes
<br />stating that said notes are secured hereby.
<br />8. APPOINTMENT OF SUCCESSOR TRUSTEE. Beneficiary may, from time to time, by
<br />a 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 applicable
<br />law of the State of Nebraska substitute a successor or successors to the Trustee named herein or acting
<br />hereunder.
<br />9. SUCCESSORS AND ASSIGNS. This Deed of Trust applies to, inures to the benefit of
<br />and binds all parties hereto, their heirs, legatees, divorcees, personal representatives, successors and assigns.
<br />The term "Beneficiary" shall 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 entries upon and
<br />inspections of the Property. Beneficiary shall give Trustor notice at the time of or prior to an inspection
<br />specifying reasonable cause for 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 secured by this Security
<br />Instrument granted by Beneficiary to any successor in interest of Trustor shall not operate to release the
<br />liability of the original Trustor or Trustor's successors in interest. Beneficiary shall not be required to
<br />commence proceedings against any successor in interest or refuse to extend time for payment or otherwise
<br />modify amortization of the sums secured by this Security Instrument by reason of any demand made by the
<br />original Trustor or Trustor's successors in interest. Any forbearance by Beneficiary in exercising any right or
<br />remedy shall not be a waiver of or preclude the exercise of any right or remedy.
<br />12. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN TRUSTOR. If all or
<br />any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Trustor is sold
<br />or transferred and Trustor is not a natural person) without Beneficiary's prior written consent, Beneficiary
<br />may, at its option, require immediate payment in full of all sums secured by this Security Instrument,
<br />however, this option shall not be exercised by Beneficiary if exercise is prohibited by federal law as of the
<br />date of this Security Instrument. If Beneficiary exercises this option, Beneficiary shall give Trustor notice of
<br />acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered
<br />or mailed within which the Trustor must pay all sums secured by this Security Instrument. If Trustor fails to
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