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aC0506458
<br />existing, amended, supplemented, or supplanted relating to the preservation of the environment or the regulation or
<br />control of toxic or hazardous substances or materials. Trustor hereby warrants and represents to Beneficiary that there
<br />are no toxic or hazardous substances or materials on or under the Property. Trustor does hereby indemnify and hold
<br />Beneficiary harmless and any successors to Beneficiary's interest from and against any and all claims, damages, losses,
<br />and liabilities arising in connection with the presence, use, disposal, or transport of any substance which is the subject
<br />of any environmental law, regulation, or control of toxic or hazardous substances or materials on, under, from, or
<br />about the Property. This indemnity 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
<br />or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee, and shall pay
<br />all costs and expenses, including cost of evidence of title and attorney's fees, in any such action or proceeding in which
<br />Beneficiary or Trustee may appear. 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 own discretion, without obligation so to
<br />do and without notice to or demand 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 protect the security hereof. Trustor shall,
<br />immediately upon demand therefor by Beneficiary, pay all costs and expenses incurred by Beneficiary in connection
<br />with the exercise by Beneficiary of the foregoing rights, including without limitation costs of evidence of title, court
<br />costs, appraisals, surveys and attorney's fees. Any such costs and expenses not paid within ten (10) days of written
<br />demand shall draw interest at the default rate provided in the Note.
<br />6. EMINENT DOMAIN. Should the Trust Estate, or any part thereof or interest therein, be
<br />taken or damaged by reason of any public improvement or condemnation proceeding, or in any other manner including
<br />deed in lieu of Condemnation ( "Condemnation "), or should Trustor receive any notice or other information regarding
<br />such 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
<br />in and prosecute in its own name any action or proceedings. Beneficiary shall also be entitled to make any compromise
<br />or settlement in connection with such taking or damage. All such compensation, awards, damages, rights of action
<br />and proceeds awarded to Trustor (the "Proceeds ") are hereby assigned to Beneficiary and Trustor agrees to execute
<br />such further assignments of the Proceeds as Beneficiary or Trustee may require.
<br />7. FUTURE ADVANCES. Upon request of Trustor, Beneficiary, at Beneficiary's option,
<br />prior to reconveyance of the Property to 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 promissory notes stating that said notes are
<br />secured hereby.
<br />8. APPOINTMENT OF SUCCESSOR TRUSTEE. Beneficiary may, from time to time, by
<br />a written instrument executed and acknowledged by Beneficiary, mailed to Trustor and Recorded in the County in
<br />which the Trust Estate is located and by otherwise complying with the provisions of the applicable law of the State of
<br />Nebraska 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
<br />inspections of the Property. Beneficiary shall give Trustor notice at the time of or prior to an inspection specifying
<br />reasonable cause 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
<br />granted by Beneficiary to any successor in interest of Trustor shall not operate to release the liability of the original
<br />Trustor or Trustor's successors in interest. Beneficiary shall not be required to commence proceedings against any
<br />successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by
<br />this Security Instrument by reason of any demand made by the original Trustor or Trustor's successors in interest.
<br />Any forbearance by Beneficiary in exercising any right or remedy shall not be a waiver of or preclude the exercise
<br />of any right or remedy.
<br />12. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN TRUSTOR. If
<br />all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest inTrustor is sold
<br />or transferred and Trustor is not a natural person) without Beneficiary's prior written consent, Beneficiary may, at
<br />its option, require immediate payment in full of all sums secured by this Security Instrument, however, this option shall
<br />not be exercised by Beneficiary if exercise is prohibited by federal law as of the date of this Security Instrument. If
<br />Beneficiary exercises this option, Beneficiary shall give Trustor notice of acceleration. The notice shall provide a
<br />period of not less than 30 days from the date the notice is delivered or mailed within which the Trustor must pay all
<br />sums secured by this Security Instrument. If Trustor fails to pay these sums prior to the expiration of this period,
<br />Beneficiary may invoke any remedies permitted by this Security Instrument without further notice or demand on
<br />Trustor.
<br />13. EVENTS OF DEFAULT. Any of the following events shall be deemed an event of default
<br />hereunder:
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