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<br />200609975
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<br />10. Assignment of Rents. Trustor hereby assigns to lender, and grants lender a security interest in, and all present, future
<br />and after arising rents, issues and profits of the Property; provided that Trustor shall, until the occurrence of an Event of Default,
<br />hereunder, have the right to collect and retain such rents, issues and profits as they become due and payable. Upon the occurrence of
<br />an Event of Default, lender may, either in person or by agent, with or without bringing any action or proceeding, or by a receiver
<br />appointed by a name or in the name of the Trustee, and do any acts which it deems necessary or desirable to preserve the value,
<br />marketability or rentability of the Property, or any part thereof or interest therein, or to increase the income therefrom or protect the
<br />security hereof and, with or without taking possession of the Property, sue for or otherwise collect the rents, issues and profits thereof,
<br />including those past due and unpaid, by notifying tenants to make payments to lender. lender may apply rents, issues and profits,
<br />less costs and expenses of operation and collection including attorney's fees, to any indebtedness secured hereby, all in such order as
<br />lender may determine. The entering upon and taking possession of the Property, the collection of such rents, issues and profits, and
<br />the application thereof as aforesaid shall not cure or waive any default or notice of default hereunder or invalidate any act done in
<br />response to such thereof as aforesaid shall not cure or waive any default or notice of default hereunder or invalidate any act done in
<br />response to such default or pursuant to such notice of default and, notwithstanding the continuance in possession of the property or the
<br />collection, receipt and application of rents, issues or profits, Trustee and lender shall be entitled to exercise every right provided for in
<br />any of the loan Instruments or by law upon occurrence of any Event of Default, including without limitation the right to exercise the
<br />power of sale. Further, lender's rights and remedies under this paragraph shall be cumulative with, and in no way a limitation on,
<br />lender's rights and remedies under any assignment of leases and rents recorded against the Property. lender, Trustee and the
<br />receiver shall be liable to account only for those rents actually received.
<br />11. Events of Default. The following shall constitute and Event of Default under this Deed of Trust:
<br />(a) Failure to pay any installment of principal and interest or any other sum secured hereby when due;
<br />(b) A breach of or default under any provision contained in the Note, this Deed of Trust, any of the loan Instruments, or
<br />any other lien or encumbrance upon the property;
<br />(c) A writ of execution or attachment or any similar process shall be entered against Trustor which shall become a lien on
<br />the Property or any portion thereof or interest therein;
<br />(d) There shall be filed by or against Trustor or Borrower an action under any present or future federal, state or other
<br />statute, law or regulation relating to bankruptcy, insolvency or other relief for debtors; or there shall be appointed any trustee,
<br />receiver or liquidator of Trustor or Borrower or of all or any part of the Property, or the rents, issues or profits thereof, or
<br />Trustor or Borrower shall make any general assignment for the benefit of creditors;
<br />(e) The sale, transfer, lease, assignment, conveyance or further encumbrance of all or any part of or any interest in the
<br />Property, either voluntarily or involuntarily, without the express written consent of lender; provided that Trustor shall be
<br />permitted to execute a lease of the Property that does not contain an option to purchase and the term of which does not
<br />exceed one year;
<br />(f) Abandonment of the Property; or
<br />(g) If Trustor is not an individual, the issuance, sale, transfer, assignment, conveyance or encumbrance of more than (if a
<br />corporation) a total of percent of its issued and outstanding stock, or (if a partnership) a total of percent
<br />of partnership interests, or (if a limited liability company) a total of percent of the limited liability company interests or
<br />voting rights during the period this Deed of Trust remains a lien on the property.
<br />12. Remedies; Acceleration Upon Default. In the event of any Event of Default lender may, without notice except as
<br />required by law, declare all indebtedness secured hereby to be due and payable and the same shall thereupon become due and
<br />payable without any presentment, demand, protest or notice of any kind. Thereafter lender may:
<br />(a) Demand that Trustee exercise the POWER OF SALE granted herein, and Trustee shall thereafter cause Trustor's
<br />interest in the Property to be sold and the proceeds to be distributed, all in the manner provided in the Nebraska Trust Deeds
<br />Act;
<br />(b) Exercise any and all rights provided for in any of the loan Instruments or by law upon occurrence of any Event of
<br />DefaUlt; and
<br />(c) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver, or specifically enforce any of
<br />the covenants hereof.
<br />No remedy herein conferred upon or reserved to Trustee or lender is intended to be exclusive of any other remedy herein, in the loan
<br />Instruments or by law provided or permitted, but each shall be cumulative, shall be in addition to every other remedy given hereunder,
<br />in the loan Instruments or now or hereafter existing at law or in equity or by statute, and may be exercised concurrently, independently
<br />or successively.
<br />13. Trustee. The Trustee may resign at any time without cause, and lender may at any time and without cause appoint a
<br />successor or substitute Trustee. Trustee shall not be liable to any party, including without limitation lender, Borrower, Trustor or any
<br />purchaser of the Property, for any loss or damage unless due to reckless or willful misconduct, and shall not be required to take any
<br />action in connection with the enforcement of this Deed of Trust unless indemnified, in writing, for all costs, compensation or expenses
<br />which may be associated therewith. In addition, Trustee may become a purchaser at any sale of the Property Gudicial or under the
<br />power of sale granted herein); postpone the sale of all or any portion of the Property, as provided by law; or sell the Property as a
<br />whole, or in separate parcels or lots at Trustee's discretion.
<br />14. Fees and Expenses. In the event Trustee sells the Property by exercise of power of sale, Trustee shall be entitled to
<br />apply any sale proceeds first to payment of all costs and expenses of exercising power of sale, including all Trustee's fees, and
<br />lender's and Trustee's attorney's fees, actually incurred to extent permitted by applicable law. In the event Borrower or Trustor
<br />exercises any right provided by law to cure an Event of Default, Lender shall be entitled to recover from Trustor all costs and expenses
<br />actually incurred as a result of Trustor's default, including without limitation all Trustee's and attorney's fees, to the extent permitted by
<br />applicable law.
<br />15. Future Advances. Upon request of Borrower, lender may, at its option, make additional and future advances and
<br />readvances to Borrower. Such advances and readvances, with interest thereon, shall be secured by this Deed of Trust. At no time
<br />shall the principal amount of the indebtedness secured by this Deed of Trust, not including sums advanced to protect the security of this
<br />Deed of Trust, exceed the original principal amount stated herein, or $ 730.000.00 , whichever is greater.
<br />16. Miscellaneous Provisions.
<br />(a) Borrower Not Released. Extension of the time for payment or modification of amortization of the sums secured by
<br />this Deed of Trust granted by lender to any successor in interest of Borrower shall not operate to release, in any manner, the
<br />liability of the original Borrower and Borrower's successors in interest. lender shall not be required to commence proceedings
<br />against such successor or refuse to extend time for payment or otherwise modify amortization of the sums secured by this
<br />Deed of Trust by reason of any demands made by the original Borrower and Borrower's successors in interest.
<br />(b) lender's Powers. Without affecting the liability of any other person liable for the payment of any obligation herein
<br />mentioned, and without affecting the lien or charge of this Deed of Trust upon any portion of the Property not then or
<br />theretofore released as security for the full amount of all unpaid obligations, lender may, from time to time and without notice
<br />(i) release any person so liable, (ii) extend the maturity or alter any of the terms of any such obligations, (iii) grant other
<br />indulgences, (iv) release or reconvey, or cause to be released or reconveyed at any time at lender's option any parcel, portion
<br />or all of the Property, (v) take or release any other or additional security for any obligation herein mentioned, or (vi) make
<br />compositions or other arrangements with debtors in relation thereto.
<br />(c) Forbearance by lender Not a Waiver. Any forbearance by lender in exercising any right or remedy hereunder, or
<br />otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. The
<br />procurement of insurance of the payment of taxes or other liens or charges by lender shall not be a waiver or lender's right to
<br />accelerate the maturity of the indebtedness secured by this Deed of Trust.
<br />(d) Successors and Assigns Bound; Joint and Several Liability; Captions. The covenants and agreements herein
<br />contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of lender and Trustor. All
<br />covenants and agreements of Trustor shall be joint and several. The captions and headings of the paragraphs of this Deed of
<br />Trust are for convenience only and are not to be used to interpret or define the provisions hereof.
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