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200313159 expenses shall be, until so paid, part of the Indebtedness and Beneficiary shall be entitled, to the extent permitted by law, to receive and retain the full amount of the Indebtedness in any action for redemption by Trustor, for an accounting for the proceeds of a Foreclosure sale or of insurance proceeds or for apportionment of an eminent domain damage award. SECTION 10.13 Beneficiary's Right to Counsel. If Beneficiary retains attorneys to enforce any of the terms of the Loan Documents or because of the breach by Trustor of any of the terms thereof or for the recovery of any Indebtedness, Trustor shall pay to Beneficiary attorneys' fees and all costs and expenses, whether or not an action is actually commenced and the right to such attorneys' fees and all costs and expenses shall be deemed to have accrued on the date such attorneys are retained, shall include fees and costs in connection with litigation, arbitration, mediation, bankruptcy and/or administrative proceedings, and shall be enforceable whether or not such action is prosecuted to judgment and shall include all appeals. Attorneys' fees and expenses shall for purposes of this Deed of Trust include all paralegal, electronic research, legal specialists and all other costs in connection with that performance of Beneficiary's attorneys. If Beneficiary is, by reason of being the holder of this Deed of Trust, made a party - defendant of any litigation concerning this Deed of Trust or the Premises or any part thereof or therein, or the construction, maintenance, operation or the occupancy or use thereof by Trustor, , then Trustor shall indemnify, defend and hold Beneficiary harmless from and against all liability by reason of said litigation, including reasonable attorneys' fees and all costs and expenses incurred by Beneficiary in any such litigation or other proceedings, whether or not any such litigation or other proceedings is prosecuted to judgment or other determination. SECTION 10.14 Other Representations and Warranties. All statements contained in any loan application, certificate or other instrument delivered by or on behalf of Trustor to Beneficiary or Beneficiary's representatives in connection with the Indebtedness shall constitute representations and warranties made by Trustor hereunder. Such representations and warranties made hereunder and thereunder shall survive the delivery of this Deed of Trust, and any misrepresentations thereunder shall be deemed as misrepresentations hereunder. SECTION 10.15 Limitation of Interest. It is the intent of Trustor and Beneficiary in the execution of this Deed of Trust, the Note and the other Loan Documents, to contract in strict compliance with the usury laws of the State of Nebraska governing the Note. In furtherance thereof, Beneficiary and Trustor stipulate and agree. that none of the terms and provisions contained herein, in the Note or any other Loan Documents shall ever be construed to create a contract for the use, forbearance or detention of money requiring payment of interest at a rate in excess of the maximum interest rate permitted to be charged by the laws of the State of Nebraska. Trustor, or any guarantors, endorser or other party now or hereafter becoming liable for the payment of the Note shall never be required to pay interest on the Note at a rate in excess of the maximum interest that may be lawfully charged under the laws of the State of Nebraska and the provisions of this Section shall control over all 15311/53;09/30/03 -29-