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200306996 4. In the event Trustorls) fails to pay any liens, judgments, assessments, taxes, rents, fees, or charges or maintain any insurance on Beneficiary of any such amounts will in no manner limit the right of Beneficiary to declare Trustorls) in default or exercise any of Beneficiary's other rights and remedies. 5. In the event Beneficiary is a party to any litigation affecting the propperty or the lien of this Trust Deed, including any action by Beneficiary to enforce this Trust Deed or any suit in which Beneficiary is named a defendant(including condemnation and bankruptcy proceedings) Beneficiary may incur expenses and advance payments for abstract tees, attorneys fees (to the extent allowed by law), casts, expenses, appraisal fees, and other charges and any amounts so advanced will become part of the principal indebtedness secured hereby, be immediately duo and payable and hear interest at the default rate provided in the hotels) from the data of advance until paid. 6. Any awards made to Trustorls) or their successors by the exercise of eminent domain are hereby assigned to Beneficiary; and Beneficiary is hereby authorized to collect and apply the same in payment of any indebtedness, mature or unmatured, secured by this Trust Deed. ]. In the event of default In the payment when due of any sums secured hereby (principal, interest, advancements, or protective advances), or failure to perform or observe any covenants and conditions contained herein, inthe hotels( loan agreement(s), or any other instruments, or any m eeedings is brought under any Bankruptcy laws, Beneficiary, at its option, may declare the entire indebtedness secured hereby to be immediately due and payable end the whole will bear interest at the default rate ea rovided in the notes) and Beneficiary may immediate)% authorize Trustee to exercise the Power of Sale granted herein in the manner provided in t�e Nebraska Trust Deed. Act, or, at the option of the Beneficiary, may foreclose the Trust Deed in the manner provided by law for the foreclosure of mortgages on reel property, including the appointment of a Receiver upon ex parte application, notice being hereby expressly waived, without regard to tha value of the property or the sufficiently thereof to discharge the indebtedness secured hereby or in the loan agreement(s). Delay by Beneficiary in exercising its rights upon default will not be construed as a waiver thereof and any act of Beneficiary waiving any specified default will not be construed as a waiver of any future default. If the proceeds under such sale or foreclosure are insufficient to pay the total indebtedness secured hereby, Trustor(sl do hereby agree to be personally bound to pay the unpaid balance, and B ... twiary will by entitled to a deficiency judgment. S. Should Beneficiary elect to exercise the Power of Sale granted herein, Beneficiary will notify Trustee who will record, publish, and deliver to Trusted.) such Notice of Default and Notice of Sale as then required by law and will in the manner provided by law, sell the property at the time and place of sale fixed in the Notice of Sale, either as a whole or m separate lots, parcels, or items and in such order as Trustee will deem expedient. Any pperson may bid at the sale me losing Trustorlsl, Trustee, or Beneficiary. S. Trustorls) hereby requests a copy of any Notice of Default or Notice of Sale hereunder to be mailed by certified mail to Trustorls) at the ruldna s(e O act forth herein. ib n o 10. Upon tlefault, Benaticiary, either in person or by agent, with or without bringing any action or zed and en antl with or without regard to the value rr of the property or the sufency thereof to discharge the intlebtetlness securetl hereby. n aah sum and entitled c enter upon and take possession of the property in ns own name or in [he name of the Trustee and do any acts or expend any sums it deems necessary or desirable to protect or preserve the value of the propertW or any interest therein, or increase the income therefrom; and with or without taking possession of the property -s authorized to sue for or other Ise collect the rents, issues, crops, profits, and income thereof, including Nose past due and unpaitl, and apply the same upon any indebtedness securetl hereby or in the loan aggreemengsl. No r a n etly herein conferred upon or reserved to Trustee or Beneficiary is 'intended to be exclusive of any other remetly herein or by law provided or permittetl, but each will be cumulative, will be in addition to every other remetly given hereunder or now or hereafter existing et law or in equity or by statute, antl may be exercised concurrently, independently or successively. 11. Trustorls) acknowletlges tha[the tluties and obligations of Trustee will be tleterminetl solely by the express provisions of this Trust Deed or the Nebraska Trust Deeds Act antl Trustee will not be liable except far the performance of such d tiea end obI'gabon. as are specifically set forth therein, nd no implied covenants or obligations will be imposed upon trustee; Trustee will not be liable for any action by It in goad faith and reasonably believed by it [o be authorized or within the d retion or nghts of powers conferred upon it by this Trust Deed or state law. 12. The integrity antl responsibility of Trustorls) constitutes a part of the consideration for the obligations securetl hereby. Shoultl Trustorlsl sell, transfer, or convey the ropparty described herein, without prior wntten consent oY eeneflciary, Beneficiary, at its option, may tleclare the entire debtedness immediate Py tlus and payable antl may proceed in the enforcement of it. rights as on any other tlefault. 13. Assignment 0f Rents inclutling Proceeds of Mineral Leases. Trustorls) hereby assigns, transfer., and conveys [o Beneficiary all rents, royalties, bonuses, and delay moneys or ather proceetl. that may from time to time become due and yayable untler any real estate lease or under any oil, gas, gravel, rock, ur oNar mineral lease of any kintl inclutling geothermal resources now existing or that may hereafter come into existence, covering the property or any part thereof. All such sums so race g d by Beneficiary will be applied to the intlebtetlness secured hereby; or Beneficiary, at its option, may turn over and deliver to Trustorls) or their successors in interest, any or all of such sums without prejudice t0 any of Beneficiary's rights to take antl retain future sums, and without prejudice to any of its other rights under this Trust Deetl. This asa ape d will be construed to r a provision for the payment or retluction of the tleb[. subject t0 the Beneficiary s option as hereInbetore provided, independent of the lien on the property. Upon pa end in full of the debt and the rac0nveyanca of this Trust Deetl of record, this e.aignment will become inoperative and of no further force and effect. 14. This Trust Deetl constitutes a Security Agreement with respect to all the property described herein. 15. The covenant. contained in [his Trust Deed will be deemetl [o be severable; in the even[ that any portion of this Trust Deetl is determined to be void or unenforceable, that determination will not affect the validity of the remaining portions OY the Trust Deed. SHERRY L GANGWISH LIVING REVOCABLE TRUST DATED DECEMBER 9, 1996 _,PH, InnitV TRUSTEE ACKNOWLEDGMENT STATE OF NEBRASKA ) COUNTY OF BUFFALO as Onthia _30th day of May 2003 .before me, a Notary Public, personally appeared Sherry L. Gangwi sh Trusteelslfor Sherry L. Gangwish Living Revocable Trust Dated December 9. 1996 to me known to be the persons) named in and who onicur ed the foregoing Instrument, and acknowledged that she executed the same as her voluntary act and deed as such Trustee(sl far the purposes therein mentioned. (4( (SEAL) GENERAL NOTARY -Stab M NebN11N Edith M. Wicht EDITH M. WIGHT (Type name under signature) NN cimm. Ev.. June IL: Notary Public in and for said Count and State My commission expire y Ap #: 00308049; Primary Customer ID #: 00082296; CIF #: 86811 Legal Doc. Date: May 22, 2003 FORM 5011, Trust Deed and Assignment of Rents Page 2