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200205516
<br />shall not deteriorate. In no event shall the Trustor commit waste on or to
<br />the Trust Estate.
<br />4. ENVIRONMENTAL COMPLIANCE. Trustor shall comply with all
<br />federal, state, and local environmental laws, ordinances, rules, requirements,
<br />regulations, and publications as now existing or hereafter existing, amended,
<br />supplemented, or supplanted relating to the preservation of the environment or
<br />the regulation or control of toxic or hazardous substances or materials.
<br />Trustor hereby warrants and represents to Beneficiary that there are no toxic
<br />or hazardous substances or materials on or under the Property. Trustor does
<br />hereby indemnify and hold Beneficiary harmless and any successors to
<br />Beneficiary's interest from and against any and all claims, damages, losses,
<br />and liabilities arising in connection with the presence, use, disposal, or
<br />transport of any substance which is the subject of any environmental law,
<br />regulation, or control of toxic or hazardous substances or materials on,
<br />under, from, or about the Property. This indemnity shall survive reconveyance
<br />of the Property secured by this Trust Deed.
<br />5. ACTIONS AFFECTING TRUST ESTATE. Trustor shall appear in and
<br />contest any action or proceeding purporting to affect the security hereof or
<br />the rights or powers of Beneficiary or Trustee, and shall pay all costs and
<br />expenses, including cost of evidence of title and attorney's fees, in any such
<br />action or proceeding in which Beneficiary or Trustee may appear. Should
<br />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 />6. 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 he 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 />7. FUTURE ADVANCES. Upon request of Trustor, Beneficiary, at
<br />Beneficiary's option, prior to reconveyance of the Property to Trustor may
<br />make future advances to Trustor. Such future advances, with interest thereon,
<br />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
<br />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 />9. SUCCESSORS AND ASSIGNS. This Deed of Trust applies to,
<br />inures to the benefit of and binds all parties hereto, their heirs, legatees,
<br />divorcees, personal representatives, successors and assigns. The term
<br />"Beneficiary" shall mean the owner and holder of the Note, whether or not
<br />named as Beneficiary herein.
<br />10. INSPECTIONS. Beneficiary, or its agents may make reasonable
<br />entries upon and inspections of the Property. Beneficiary shall give Trustor
<br />notice at the time of or prior to an inspection specifying reasonable cause
<br />for the inspection.
<br />11. 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
<br />not be required to commence proceedings against any successor in interest or
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