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<br />shall promptly repair, maintain and replace the Trust Estate or any part thereof so that, except for
<br />ordinary wear and tear, the Trust Estate shall not deteriorate. In no event shall the Truster commit waste
<br />on or to the Trust Estate.
<br />4, ACTION AFFECTING TRUST ESTATE. Truster 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
<br />shall pay all costs and expenses, including cost of evidence of title and attorney's fees, in any such action
<br />or proceeding in which Beneficiary or Trustee may appear. Should Tmstor fail to make any payment or
<br />to do any act as and in the manner provided in any of the Loan Instruments, Beneficiary and/or Trustee,
<br />each in its own discretion, without obligation so to do the same in such manner and to such extent as
<br />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
<br />exercise by Beneficiary of the foregoing rights, including without limitation costs of evidence of title,
<br />court costs, appraisals, 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 in the Note.
<br />5. 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
<br />manner including deed in lieu of Condemnation ( "Condemnation "), or should Trustor receive any notice
<br />or other information regarding such proceedings, Trustor shall give prompt written notice thereof to
<br />Beneficiary. Beneficiary shall be entitled to all compensation, awards and other payments or relief
<br />therefor, and shall be entitled at its option to commence, appear in and prosecute in its own time any
<br />action or proceedings. Beneficiary shall also be entitled to make airy compromise or settlement in
<br />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
<br />execute such further assignments of the Proceeds as Beneficiary or Trustee may require.
<br />[ ]yes [ X ]no 5a. FUTURE ADVANCES. Upon request of'1'mstor, Trustee or Beneficiary at
<br />Trustee's option, prior to reconveyance of the Property to Trustor may make future advances to Trustor.
<br />Such future advances, with interest thereon, shall be secured by this Deed of 'I just when evidenced by
<br />promissory notes stating that said notes are secured hereby.
<br />6. 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
<br />County in which the Trust 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 to the Trustee named herein
<br />or acting hereunder.
<br />7. SUCCESSORS AND ASSIGNS. This Deed of Trust applies to, inures to the benefit of and
<br />binds all parties hereto, their heirs, legatees, devicees, personal representatives, successors and assigns.
<br />The term "Beneficiary" shall mean the owner and holder of the Note, whether or not named as
<br />Beneficiary herein.
<br />8. INSPECTIONS. Beneficiary, or its agents, representatives or workmen, are authorized to
<br />enter at any reasonable time upon or in any put of the Trust Estate for the purpose of inspecting the
<br />same and for the purpose of performing any of the acts it is authorized to perform under the terms of any
<br />of the Loan Instruments.
<br />9. DUE ON SALE. In the event the Property is sold, assigned, transferred or conveyed in any
<br />manner, legally or equitably, directly or indirectly, then the balance due under the Note shall be
<br />accelerated and shall become immediately due and payable.
<br />10. EVENTS OF DEFAULT. Any of the following events shall be deemed any event of default
<br />hereunder:
<br />(a) Tmstor shall have failed to make payment of any installment of interest, principal or principal
<br />and interest of any other sum secured hereby when due; or
<br />(b) There has occurred a breach of or default under any term, covenant, agreement, condition,
<br />provision, representation or warranty contained in any of the Loan Instruments.
<br />11. ACCELERATION UPON DEFAULT, ADDITIONAL REMEDIES. Should an event of
<br />default occur or should Trustor sell or transfer title to the property or contract to sell or transfer title to
<br />the property Beneficiary may declare all indebtedness secured hereby to be due and payable and the
<br />same shall thereupon become due and payable without any presentment, demand, protect or notice of
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