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200201749
<br />shall not deteriorate. In no event shall the Trustor commit waste on or to
<br />the Trust Estate.
<br />1. ENVIRONMENTAL COMPLIANCE. Trustor shall comply with
<br />all federal, state, and local environmental laws, ordinances, rules,
<br />requirements, regulations, and publications as now existing or hereafter
<br />existing, amended, supplemented, or supplanted relating to the preservation of
<br />the environment or the regulation or control of toxic or hazardous substances
<br />or materials. Trustor hereby warrants and represents to Beneficiary that
<br />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
<br />successors to Beneficiary's interest from and against any and all claims,
<br />damages, losses, and liabilities arising in connection with the presence, use,
<br />disposal, or transport of any substance which is the subject of any
<br />environmental law, regulation, or control of toxic or hazardous substances or
<br />materials on, under, from, or about the Property. This indemnity shall survive
<br />reconveyance of the Property secured by this Trust Deed.
<br />1. ACTIONS AFFECTING TRUST ESTATE. Trustor shall appear
<br />in and contest any action or proceeding purporting to affect the security
<br />hereof or the rights or powers of Beneficiary or Trustee, and shall pay all
<br />costs and expenses, including cost of evidence of title and attorney's fees,
<br />in any such action or proceeding in which Beneficiary or Trustee may appear.
<br />Should Trustor fail to make any payment or to do any act as and in the manner
<br />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
<br />upon Trustor and without releasing Trustor from any obligation, may make or do
<br />the same in such manner and to such extent as either may deem necessary to
<br />protect the security hereof. Trustor shall, immediately upon demand therefor
<br />by Beneficiary, pay all costs and expenses incurred by Beneficiary in
<br />connection with the exercise by Beneficiary of the foregoing rights, including
<br />without limitation costs of evidence of title, court costs, appraisals,
<br />surveys and attorney's fees. Any such costs and expenses not paid within ten
<br />(10) days of written demand shall draw interest at the default rate provided
<br />in the Note.
<br />1. EMINENT DOMAIN. Should the Trust Estate, or any part
<br />thereof or interest therein, be taken or damaged by reason of any public
<br />improvement or condemnation proceeding, or in any other manner including deed
<br />in lieu of Condemnation ( "Condemnation "), or should Trustor receive any notice
<br />or other information regarding such proceeding, Trustor shall give prompt
<br />written notice thereof to Beneficiary. Beneficiary shall be entitled to all
<br />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
<br />any action or proceedings. Beneficiary shall also be entitled to make any
<br />compromise or settlement in connection with such taking or damage. All such
<br />compensation, awards, damages, rights of action and proceeds awarded to
<br />Trustor (the "Proceeds ") are hereby assigned to Beneficiary and Trustor agrees
<br />to execute such further assignments of the Proceeds as Beneficiary or Trustee
<br />may require.
<br />1. FUTURE ADVANCES. Upon request of Trustor,
<br />Beneficiary, at Beneficiary's option, prior to reconveyance of the Property to
<br />Trustor may make future advances to Trustor. Such future advances, with
<br />interest thereon, shall be secured by this Deed of Trust when evidenced by
<br />promissory notes stating that said notes are secured hereby.
<br />1. APPOINTMENT OF SUCCESSOR TRUSTEE. Beneficiary may,
<br />from time to time, by a written instrument executed and acknowledged by
<br />Beneficiary, mailed to Trustor and Recorded in the County in which the Trust
<br />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
<br />to the Trustee named herein or acting hereunder.
<br />1. SUCCESSORS AND ASSIGNS. This Deed of Trust applies
<br />to, inures to the benefit of and binds all parties hereto, their heirs,
<br />legatees, divorcees, personal representatives, successors and assigns. The
<br />term "Beneficiary" shall mean the owner and holder of the Note, whether or not
<br />named as Beneficiary herein.
<br />1. INSPECTIONS. Beneficiary, or its agents may make
<br />reasonable entries upon and inspections of the Property. Beneficiary shall
<br />give Trustor notice at the time of or prior to an inspection specifying
<br />reasonable cause for the inspection.
<br />1. TRUSTOR NOT RELEASED; FORBEARANCE BY BENEFICIARY NOT A
<br />WAIVER. Extension of the time for payment or modification of amortization of
<br />the sums secured by this Security Instrument granted by Beneficiary to any
<br />successor in interest of Trustor shall not operate to release the liability of
<br />the original Trustor or Trustor's successors in interest. Beneficiary shall
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