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200313159 If an Event of Default shall occur under the terms of this Deed of Trust, Beneficiary may, at its option, without being required so to do, apply any deposits on hand to the payment of Charges whether then due or not or to the Indebtedness, in such order and manner as Beneficiary may elect. When the Indebtedness has been fully paid any remaining deposits shall be returned to Trustor as its interest may appear. All deposits are hereby pledged as additional security for the Indebtedness, shall be held for the purposes for which made as herein provided, may be held by Beneficiary or its servicing agent and may be commingled with other funds of Beneficiary, or its servicing agent, shall be held without allowance of interest thereon and without fiduciary responsibility on the part of Beneficiary or its agents and shall not be subject to the direction or control of Trustor. Neither Beneficiary nor its servicing agent shall be liable for any act or omission made or taken in good faith. In making any payments, Beneficiary or its servicing agent may rely on any statement, bill or estimate procured from or issued by the payee without inquiry into the validity or accuracy of the same. If the taxes shown in the tax statement shall be levied on property more extensive than the Premises, Beneficiary shall be under no duty to seek a tax division or apportionment of the tax bill, and any payment of taxes based on a larger parcel shall be paid by Trustor and Trustor shall expeditiously cause a tax subdivision to be made. ARTICLE 4. UNIFORM COMMERCIAL CODE SECTION 4.1 Security Agreement. This Deed of Trust shall constitute a security agreement as defined in the Uniform Commercial Code in effect in the State of Nebraska, as amended from time to time (hereinafter referred to as the "Code "), and Trustor hereby grants to Beneficiary a security interest within the meaning of the Code in favor of Beneficiary on the Improvements, Fixtures, Equipment and Personal Property, the Rents, Leases and Profits, the Judgments, Condemnation Awards and Insurance Proceeds and Other Rights, the Licenses, Permits, Equipment Leases and Service Agreements and the Proceeds described in Granting Clauses B, C, D, E and F of this Deed of Trust (hereinafter referred to as the "Collateral'). SECTION 4.2 Fixture Filing. As to those items of Collateral described in this Deed of Trust that are, or are to become fixtures related to the real estate mortgaged herein, and all products and proceeds thereof, it is intended as to those items that THIS DEED OF TRUST SHALL BE EFFECTIVE AS A FINANCING STATEMENT FILED AS A FIXTURE FILING from the date of its filing in the real estate records of the County where the Premises are situated. The name of the record owner of said real estate is Trustor set forth in page one to this Deed of Trust. Information concerning the security interest created by this instrument may be obtained from Beneficiary, as secured party, at its address as set forth in page one of this Deed of Trust. The address of Trustor, as debtor, is as set forth in page one to this Deed of Trust. This document covers goods which are or are to become fixtures. Trustor is a corporation organized under the laws of the State of Nebraska. 15311/53;09/30/03 - 12 -