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T. WAMW DOMAML Should tiro Trust Estate, or any put thereof or Interest thereln, be taken or damaged by reason of any public improvement or
<br />condemnation Proceeding, or in say other manner Including deed in Ilau of Condemnation ( "Condemnalion' j, or should Trustor recoWe any notice or
<br />ollror Information regarding such proceeding, Trustor shall give prompt written notice thereof to Beneficiary. Beneficiary, shell be entitled to all Cwtip"n-
<br />sNion, awards and other payments or relief thereof, and shell be entitled at Its option to commence, appear in and prosecute In Its own name any action
<br />or Proceeding. Ommlicluy shall also be entitled to make any compromise or settlement in connection with such taking or damp". All such cOMPner
<br />lion, awards, damages, rights or action and proceeds awarded to Trustor (the "Proceeds ") are hereby assigned to Beneficiary, and Trusts agrees to ox-
<br />acute such further assignments of the Proceeds as Beneficiary or Trustee may require. The Proceeds shall, at the option of the Beneficiary, be shied
<br />In�ain nst the coati of s al restoring and the e Trust Estate or against the unpaid principal balance of the Note In the Inverse order of maturity without any reduction
<br />payments.
<br />0. REPRESMATI011111111. Trustor covenants and warrants with Beneficiary, its successors and assigns, that Trustor owns the Trust Estate free from
<br />arty prior Pion or Incumbrance (except as expressly designated In a rider hereto, if any), that this Deed of Trust Is and will remain a valid and enforceable
<br />fMst Ilen on the Trust Estate, that Trustor will preserve such title and will forever warrant and defend the same to the Beneficiary and will forever warrant
<br />and defend the validity and priority of the lien hereof against the claims of all persons and parties whomsoever. The foregoing warranties shall survive
<br />the exercise of the power of sale as herein conferred, as well as the foreclosure of the Deed of Trust, and shall run with the land. Trustor will make such
<br />further assurance, of assurances to perfect Its title to the Trust Estate as may be reasonably required by Beneficiary. Trustor hereby relinquishes all right
<br />of dower and homestead in and to the Trust Estate.
<br />9. TAX AND INSURANCE ESCROWS. If Beneficiary shall so request, Trustor agrees that there shall be added to each periodic payment required to be
<br />made under the Note an amount estimated by Trustee to be sufficient to enable Trustor to pay, at least thirty (30) days before delinquency, all taxes,
<br />assessments or other public charges against the Trust Estate, the Note secured by this Deed of Trust, or upon account of the debt or the Hen of this
<br />Deed of Trust, together with premiums for Insurance required to be provided under this Deed of Trust and no Interest shall be payable to Trustor in
<br />respect thereof. Upon demand by Trustee, Trustor shall deliver to Trustee such additional sums of money as are necessary to make up any deficiency in
<br />the amounts necessary to enable Trustee to pay any of the foregoing Items.
<br />10. FURTHER ASSMNCEB. Trustor, at Its expense, will execute and deliver to the Trustee, promptly upon demand, such security Instruments as
<br />may be required by Trustee, In form and substance satisfactory to Trustee, covering any of the Trust Estate covered by this Deed of Trust, which securi-
<br />ty instruments shell be additional security for Trustor's faithful performance of all of the terms, covenants and conditions of this Deed of Trust, the Note
<br />secured hereby, and any other security Instruments executed in connection with this transaction. Such Instruments shall be recorded or filed, and
<br />rerecorded and rallied, al Trustor's expense.
<br />11. TWJSM'S DUTIES. Trustor acknowledges that: (a) the duties and obligations of Trustee shall be determined solely by the express provisions of
<br />thisDeed of Trust and the Trustee shall not be liable except for the performance of such duties and obligations as are specifically set forth herein, and
<br />no Implied covenants or obligations shall be Imposed upon Trustee; (b) no provision of this Deed of Trust shall require Trustee to expand or risk Its own
<br />funds, or otherwise Incur any financial obligation In the performance of any of Its duties hersundw, or in the exercise of any of Its rights or poems, If It
<br />shelf have grounds for believing that the repayment of such funds or adequate Indemnity against such risk or Ilabillty Is not reasonably assured to It; (c)
<br />Trustee may consult with counsel of Its own choosing and the advice of such counsel shall be full and complete authorization and protection in the
<br />respect of any action taken or suffered by it hereunder In good faith and in reliance thereon; (d) Trustee shall not be liable for any action taken by It in
<br />good faith and reasonably believed by 11 to be authorized or within the discretion or rights of powers conferred upon it by this Deed of Trust.
<br />12. APPOINTMENT OF SUCCESSOR TRUSTEE. Beneficiary may, from time to time, by written Instrument executed and acknowledged by Beneficiary,
<br />noted to Trustor and recorded in the County in which the Trust Estate is located and by otherwise complying with the provisions of the applicable law
<br />of the State of Nebraska substitute a successor or successors to the Trustee named herein or acting hereunder.
<br />13. SUCCESSORS AND ASSHM. This feed of Trust applies to, Inures to the benefit of and binds all parties hereto, their heirs, legatees, daviaees,
<br />personal representatives, successors and assigns. The term "Beneficiary" shall mean the owner and holder of the Note, whether of not specifically
<br />named as Beneficiary herein.
<br />14. UdMCTUM. Beneficiary, or Its agents, representatives or workmen are authorized to enter at any reasonable time upon or in any pal of the
<br />Trout Estate for the purpose of inspecting the same and for the purpose of performing any of the acts it Is authorized to perform under the terms of the
<br />Lan instruments.
<br />15. ASSIaMMEW OF RENTS.
<br />(a) Trustor hereby assigns and transfers to Beneficiary all the rents, issues and profits of the Trust Estate and hereby gives to and confers upon
<br />Beneficiary the right, power and authority to collect such rents, Issues and profits. Trustor Irrevocably appoints Beneficiary its true and lawful
<br />atonroyln -fact, at the option of Beneficiary at any time and from time to time, to demand, receive and enforce payment, to give receipts,
<br />roloom and satisfactions, and to sue, in the name of Trustor or Beneficiary, for all such rents, Issues and profits and apply the same to the In•
<br />debtedness secured hereby; provided, however, that Trustor shalt have the right to collect such rents, Issues and profits (but not more than one
<br />(1) month In advance) prior to or st any time there Is not an Event of Default under any of the Loan Instruments. This Assignment of the Rents.
<br />Issues and Profits of the Trust Estate is Intended to be an absolute assignment from Trustor to Beneficiary and not merely the passing of a
<br />security Interest. The rents, Issues and profits are hereby assigned absolutely by Trustor to Beneficiary contingent only upon the occurrence of
<br />an Event of Default under any of the Lan Instruments.
<br />DM Upon any Event of Default ~ any of the Lodi Instruments, Beneficiary may, at any time without notice, either In person, by agent or by a
<br />receiver appointed by a cowl, aid without regard to the adequacy of any security for the indebtedness hereby secured, enter upon and take
<br />possession of the Trust Estate, or any pat thereof, In Its own name sue for or otherwise collect such rents, Issues and profits, Including those
<br />Past due and unWd, ad ploy the sane, leas Cate and expenses of operation and collection, Including attorneys' toss, upon any In•
<br />dolitildness secured hereby, and In such order se Beneficiary may determine. The collection of such rents, Issues and profits, or entering upon
<br />and of the Trust Esteie. or the application thereof are desoribed above, shall not curt or waive any default or notice of default
<br />hereunder Of WNS#dft any act done in response to such default or pursuant to such notice of default.
<br />N/. KVWSOF DWA#)LY. Any of the following "onto shall be deemed an Event of Default under this Deed of Trust:
<br />(ol Trustor OW have failed to make payment of any Installment of Interest, principal, or principal and Interest or any other sum secured by Uls
<br />Deed of Trust of required to be paid under 1118 tams thereof when due;
<br />am Thos lent occurred a breach of or default under any farm, covenant, agreement, condition, provision, representation or wartanty contained In
<br />any of the Lan tars r~s, or
<br />W Ttiactur seas have sold, transferred, con"VO, saigighad or encumbered Inn trust Estate or sviy part lhsraof cal any interest therein, whether
<br />toy deed, tend "Mtscl. with pwe"tts option, melgage, judoment. or olhawiea, without the prior wrifien consent of the
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