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<br />200704418
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<br />therefor by Beneficiary, pay all costs and expenses incurred by Beneficiary in connection with the exercise by Beneficiary
<br />of the foregoing rights, including without limitation costs of evidence of title, court costs, appraisals, surveys and attorney's
<br />fees. Any such costs and expenses not paid within ten (10) days of written demand shall draw interest at the default rate
<br />provided in this Note.
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<br />5. EMINENT DOMAIN. Should the Trust Estate, or any part thereof or interest therein, be taken or damaged by
<br />reason of any public improvement or condemnation proceeding, or in any other manner including deed in lieu of
<br />Condemnation ("Condemnation"), or should Trustor receive any notice or other information regarding such proceeding,
<br />Trustor shall give prompt written notice thereof to Beneficiary. Beneficiary shall be entitled to all compensation, awards
<br />and other payments or relief therefor, and shall be entitled at its option to commence, appear in and prosecute in its own
<br />name any action or proceedings. Beneficiary shall also be entitled to make any compromise or settlement in connection
<br />with such taking or damage. All such compensation, awards, damages, rights of action and proceedings awarded to
<br />Trustor (the "Proceeds") are hereby assigned to Beneficiary and Trustor agrees to execute such further assignments of the
<br />Proceeds as Beneficiary or Trustee may require.
<br />6. FUTURE fiDVANCES. Upon request of Trustor, Beneficiary, at Beneficiary's option, prior to reconveyance of
<br />the Property to Trustor may make future advances to Trustor. Such future advances, with interest thereon, shall be
<br />secured by this Deed of Trust when evidenced by promissory notes stating that said notes are secured hereby.
<br />7. APPOINTMENT OF SUCCESSOR TRUSTEE. Beneficiary may, from time to time, by a written instrument
<br />executed and acknowledged by Beneficiary, mailed to Trustor and Recorded in the County in which the Trust Estate is
<br />located and by otherwise complying with the provisions of the applicable law of the State of Nebraska substitute a
<br />successor or successors to the Trustee named herein or acting hereunder.
<br />8. SUCCESSORS AND ASSIGNS. This Deed of Trust applies to, inures to the benefit of and binds all parties
<br />hereto, their heirs, legatees, divorcee, personal representatives, successors and assigns. The term "Beneficiary" shall
<br />mean the owner and holder of the Note, whether or not named as Beneficiary herein.
<br />9. INSPECTION. Beneficiary or its agent may make reasonable entries upon and inspections of the Property.
<br />Beneficiary shall give Trustor notice at the time of or prior to an inspection specifying reasonable cause for the inspection.
<br />10. TRUSTOR NOT RELEASED; FORBEARANCE BY BENEFICIARY NOT A WAIVER. Extension of the time
<br />for payment or modification of amortization of the sums secured by this Security Instrument granted by Beneficiary to any
<br />successor in interest of Trustor shall not operate to release the liability of the original Trustor or Trustor's successors in
<br />interest. Beneficiary shall not be required to commence proceedings against any successor in interest or refuse to extend
<br />time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any
<br />demand made by the original Trustor or Trustor's successor in interest. Any forbearance by Beneficiary in exercising any
<br />right or remedy shall not be a waiver of or preclude the exercise of any right or remedy.
<br />11. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN TRUSTOR. If all or any part of the
<br />Property or any interest in it is sold or transferred (or if a beneficial interest in Trustor is sold or transferred and Trustor is
<br />not a natural person) without Beneficiary's prior written consent, Beneficiary may, at its option, require immediate payment
<br />in full of all sums secured by this Security Instrument, however, this option shall not be exercised by Beneficiary if exercise
<br />is prohibited by federal law as of the date of this Security Instrument. If Beneficiary exercises this option, Beneficiary shall
<br />give Trustor notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is
<br />delivered or mailed within which the Trustor may pay all sums secured by this Security Instrument. If Trustor fails to pay
<br />these sums prior to the expiration of this period, Beneficiary may invoke any remedies permitted by this Security
<br />Instrument without further notice or demand on Trustor.
<br />12. EVENTS OF DEFAULT. Any of the following events shall be deemed an event of default hereunder:
<br />a. Trustor shall have failed to make payment of any installment of interest, principal, or principal and interest
<br />or any other sum secured hereby when due; or
<br />b. There has occurred a breach of or default under any term, covenant, agreement, condition, provision,
<br />representation or warranty contained in any of the Loan Instruments.
<br />13. ACCELERATION: REMEDIES. Beneficiary shall give notice of default to Trustor prior to acceleration
<br />following Trustor's breach of any covenant or agreement in this Trust Deed. The notice shall specify: (a) the default; (b)
<br />the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Trustor, by
<br />which the default must be cured: and (d) that failure to cure the default on or before the date specified in the notice may
<br />result in acceleration of the sums secured by this Security Instrument and sale of the Property. The notice shall further
<br />inform Trustor of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of
<br />a default or any other defense of Trustor to acceleration and sale. If the default is not cured on or before the date
<br />specified in the notice, Beneficiary at its option may require immediate payment in full of all sums secured by this Security
<br />Instrument without further demand and may invoke the power of sale and any other remedies permitted by applicable law.
<br />Trustor shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 13, including,
<br />but not limited to, reasonable attorney's fees and costs of title evidence. If power of sale is invoked, Trustor shall record a
<br />notice of default in each county in which any part of the Property is located and shall mail copies of such notice in the
<br />manner prescribed by applicable law to Trustor and to the other persons prescribed by applicable law. After the time
<br />required by applicable law, Trustee shall give public notice of sale to the persons and in the manner prescribed by
<br />applicable law. Trustee, without demand on Trustor, shall sell the Property at public auction to the highest bidder at the
<br />time and place and under the terms designated in the notice of sale in one or more parcels and in any order Trustee
<br />determines. Trustee may postpone sale of all or any parcel of the Property by public announcement at the time and place
<br />of any previously scheduled sale. Beneficiary or its designee may purchase the Property at any sale. Upon receipt of
<br />payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the Property. The recitals in the
<br />Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds
<br />of the sale in the following order: (a) to all expenses of the sale, including, but not limited to, Trustee's fees as permitted by
<br />applicable law and reasonable attorney's fees; (b) to all sums secured by this Security Instrument; and (c) any excess to
<br />the person or persons legally entitled to it.
<br />14. BENEFICIARY IN POSSESSION. Upon acceleration under paragraph 13 or abandonment of the Property,
<br />Beneficiary (in person, by agent or by judicially appointed receiver) shall be entitled to enter upon, take possession of and
<br />manage the Property and to collect the rents of the Property including those past due. Any rents collected by Beneficiary
<br />or the receiver shall be applied first to payment of the costs of management of the Property and collection of rents,
<br />including, but not limited to, receiver's fees, premiums on receiver's bond and reasonable attorney's fees, and then to the
<br />sums secured by this Security Instrument.
<br />15. REMEDIES NOT EXCLUSIVE. Trustee and Beneficiary, and each of them, shall be entitled to enforce
<br />payment and performance of any indebtedness or obligations secured hereby and to exercise all rights and powers under
<br />this Deed of Trust or under any Loan Instrument or other agreement or any laws now or hereafter in force, notwithstanding
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