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200305038 extent necessary so that they will not render this Deed of Trust illegal, invalid, unenforceable, in whole or in part, or not entitled to be recorded, registered, or filed under the provisions of any applicable law. Section 6.12. Beneficiary's Performance. If the Grantor shall fail to pay or perform any of its obligations herein contained (including payment of expenses of foreclosure and court costs) or under the Credit Agreement, the Notes, the Subsidiary Guaranty or any of the Security Documents each with respect to the Trust Property, the Beneficiary upon five days prior written notice to the Grantor (except in the event of an emergency when no notice need be given) may, but need not, make (or cause to be made) any such payment or perform (or cause to be performed) any such obligation of the Grantor hereunder or thereunder (provided the Grantor is not contesting such payment or performance in accordance with Section 2.09 and the failure to so perform such obligation would have a Material Adverse Effect), in any form and manner deemed reasonably expedient by the Beneficiary as agent or attorney -in -fact of the Grantor, and any amount so paid or expended (plus reasonable compensation to the Beneficiary for its out -of- pocket and other expenses (including legal expenses) for each matter for which it acts under this Deed of Trust), with interest thereon at the highest rate payable from time to time on the Secured Obligations, shall be added to the Secured Obligations and shall be repaid to the Beneficiary upon demand. By way of illustration and not in limitation of the foregoing, the Beneficiary may, but need not, make payments of principal, interest or other charges on any obligations secured by any Permitted Property Lien or other lien or charge; purchase, discharge, compromise or settle any tax lien or any other lien, encumbrance, suit, proceeding, title or claim thereof; pay any premium owing on any insurance policy covering the Trust Property; or redeem from any tax sale or forfeiture affecting the Property or contest any tax or assessment. In making any payment or securing any performance relating to any such obligation of the Grantor hereunder or thereunder, the Beneficiary, so long as it acts in good faith, shall be the sole judge of the legality, validity and amount of any Lien or encumbrance and of all other matters necessary to be determined in satisfaction thereof. No such action of the Beneficiary shall be considered as a waiver of any right accruing to it on account of the occurrence of any default on the part of the Grantor under this Deed of Trust, any Default, any Event of Default, or any default or event of default under any other Security Document. Section 6.13. Subrogation. To the extent that the Beneficiary, after the date hereof, pays pursuant to the terms of the Credit Agreement or this Deed of Trust any sum due under any provision of law or any instrument or documents creating any Lien prior or superior to the Lien of this Deed of Trust, the Beneficiary shall have and be entitled to a Lien on the Trust Property equal in priority to that discharged, and the Beneficiary shall be subrogated to, and receive and enjoy all rights and Liens possessed, held or enjoyed by, the holder of such Lien, which shall remain in existence for the benefit of the Beneficiary to secure the amount expended by the Beneficiary on account of or in connection with such 38 QM 04675 / 120 /REAUNEBRASKA/form.dotM.doc