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A00506454
<br />and any successors to Beneficiary's interest from and against any and all claims, damages, losses, and liabilities arising in
<br />connection with the 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. This indemnity
<br />shall survive reconveyance of the Property secured by this Trust Deed.
<br />5. ACTIONS AFFECTING TRUST ESTATE. Trustor shall appear in and contest any action or
<br />proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee, and shall pay all costs
<br />and expenses, including cost of evidence of title and attorney's fees, in any such action or proceeding in which Beneficiary
<br />or Trustee may appear. Should Trustor fail to make any payment or to do any act as and in the manner provided in any
<br />of the Loan Instruments, Beneficiary and/or Trustee, in its own discretion, without obligation so to do and without notice
<br />to or demand upon Trustor and without releasing Trustor from any obligation, may make or do the same in such manner
<br />and to such extent as either may deem necessary to protect the security hereof. Trustor shall, immediately upon demand
<br />therefor by 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 and attorney's
<br />fees. Any such costs and expenses not paid within ten (10) days of written demand shall draw interest at the default rate
<br />provided in the Note.
<br />6. EMINENT DOMAIN. Should the Trust Estate, or any part thereof or interest therein, be taken
<br />or damaged by reason of any public improvement or condemnation proceeding, or in any other manner including deed in
<br />lieu of Condemnation ( "Condemnation "), or should Trustor receive any notice or other information regarding such
<br />proceeding, Trustor shall give prompt written notice thereof to Beneficiary. Beneficiary shall be entitled to all
<br />compensation, awards and other payments or relief therefor, and shall be entitled at its option to commence, appear in and
<br />prosecute in its own name any action or proceedings. Beneficiary shall also be entitled to make any compromise or
<br />settlement in connection with such taking or damage. All such compensation, awards, damages, rights of action and
<br />proceeds awarded to Trustor (the "Proceeds ") are hereby assigned to Beneficiary and Trustor agrees to execute such further
<br />assignments of the Proceeds as Beneficiary or Trustee may require.
<br />7. FUTURE ADVANCES. Upon request of Trustor, Beneficiary, at Beneficiary's option, prior
<br />to reconveyance of the Property to Trustor may make future advances to Trustor. Such future advances, with interest
<br />thereon, shall be secured by this Deed of Trust when evidenced by promissory notes stating that said notes are secured
<br />hereby.
<br />8. APPOINTMENT OF SUCCESSOR TRUSTEE. Beneficiary may, from time to time, by a
<br />written instrument executed and acknowledged by Beneficiary, mailed to Trustor and Recorded in the County in which
<br />the Trust Estate is located and by otherwise complying with the provisions of the applicable law of the State of Nebraska
<br />substitute a successor or successors to the Trustee named herein or acting hereunder.
<br />9. SUCCESSORS AND ASSIGNS. This Deed of Trust applies to, inures to the benefit of and
<br />binds all parties hereto, their heirs, legatees, divorcees, personal representatives, successors and assigns. The term
<br />"Beneficiary" shall mean the owner and holder of the Note, whether or not named as Beneficiary herein.
<br />10. INSPECTIONS. Beneficiary, or its agents may make reasonable entries upon and inspections
<br />of the Property. Beneficiary shall give Trustor 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 WAIVER.
<br />Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted
<br />by Beneficiary to any successor in interest of Trustor shall not operate to release the liability of the original Trustor or
<br />Trustor's successors in interest. Beneficiary shall not be required to commence proceedings against any successor in
<br />interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security
<br />Instrument by reason of any demand made by the original Trustor or Trustor's successors in interest. Any forbearance by
<br />Beneficiary in exercising any right or 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 or transferred
<br />and Trustor is not a natural person) without Beneficiary's prior written consent, Beneficiary may, at its option, require
<br />immediate payment in full of all sums secured by this Security Instrument, however, this option shall not be exercised by
<br />Beneficiary if exercise is prohibited by federal law as of the date of this Security Instrument. If Beneficiary exercises this
<br />option, Beneficiary shall give Trustor notice of acceleration. The notice shall provide a period of not less than 30 days from
<br />the date the notice is delivered or mailed within which the Trustor must pay all sums secured by this Security Instrument.
<br />If Trustor fails to pay these sums prior to the expiration of this period, Beneficiary may invoke any remedies permitted
<br />by this Security Instrument without further notice or demand on Trustor.
<br />13. EVENTS OF DEFAULT. Any of the following events shall be deemed an event of default
<br />hereunder:
<br />a. Trustor shall have failed to make payment of any installment of interest, principal,
<br />or principal and interest or any other sum secured hereby when due; or
<br />b. There has occurred a breach of or default under any term, covenant, agreement,
<br />condition, provision, representation or warranty contained in any of the Loan Instruments.
<br />14. ACCELERATION; REMEDIES. Beneficiary shall give notice of default to Trustor prior to
<br />acceleration following Trustor's breach of any covenant or agreement in this Trust Deed in accordance with the
<br />requirements of the Nebraska Trust Deed Act. If the default is not cured on or before the date specified in the notice,
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