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Page 2 86- 106317
<br />4. Taxes and impwNions.
<br />(a) Trustor agrees to pay and to provide Beneficiary paid receipts of, at least 10 days prior to delinquency, all real property taxes
<br />and assessments, general and special, and all other taxes and assessments of any kind or nature whatsoever, which are assessed or imposed upon
<br />the Trust Estate, or become due and payable, and which create, may create or appear to create a lien upon the Trust Estate, or any part thereof,
<br />(all of which taxes, assessments and other governmental and non - governmental charges of like nature are hereinafter referred to as
<br />"Impositions ").
<br />(b) If at any time after the date hereof there shall be assessed or imposed (i) a tax or assessment on the Trust Estate in lieu of or in
<br />addition to the Impositions payable by Truster pursuani to subparagraph (a) hereof, or Oi) a license fee, tax or assessment imposed on
<br />Beneficiary or this Trust Deed and measured by or based in whole or in part upon the amount of the outstanding obligations secured herby,
<br />then all such taxes, assessments or fees shall be deemed to be included within the term "impositions" as defined in subparagraph (a) hereof, and
<br />Truster shall pay and discharge the same as herein provided with respect to the payment of Impositions or, at the option of Beneficiary, all
<br />obligations secured hereby together with all accrued interest thereon, shall immediately become due and payable. Anything to the contrary herein
<br />notwithstanding, Truster shall have no obligation to pay any franchise, estate, inheritance, income. excess profits or similar tax levied on
<br />Beneficiary or on the obligations secured hereby.
<br />5. Actions Affecting Trust Fstate. Truster agrees to appear in and contest any action or proceeding purporting to affect the
<br />security hereof or the rights or powers of Beneficiary or Trustee; and to pay all costs and expenses, including cos( of evidence of title and
<br />attorney's fees, in any such action or proceeding in which Beneficiary or Trustee may appear. Should Trustor fail to make any payment or to do
<br />any act as and in the manner provided in any of the Loan Instruments, Beneficiary and /or Trustee, each in its own discretion, without obligation
<br />so to do and without notice to or demand upon Truster and without releasing Truster from any obligation, may make or do the same in such
<br />manner and to such extent as either may deem necessary to protect the security hereof. Truster shall, immediately upon demand therefor by
<br />Beneficiary, pay all costs and expenses incurred by Beneficiary in connection with the exercise by Beneficiary of the foregoing rights, including
<br />without limitation costs of evidence of title, court costs, appraisals, surveys and attorney's fees.
<br />6. Eminent Domain. Should the Trust Estate, or any part thereof or interest therein, be taken or damaged by reason of any
<br />public improvement or condemnation proceeding, or in any other manner ( "Condemnation "), or should Trustor receive any notice or other
<br />information regarding such proceeding. Trustor shall give prompt written notice thereof to Beneficiary.
<br />Beneficiary shall be entitled to all compensation, awards and other payments or relief therefor, and shall be entitled at its option
<br />to commence, appear in and prosecute in its own name any action or proceedings. Beneficiary shall also be entitled to make any compromise "r
<br />settlement in connection with such taking or damage. All such compensation, awards, damages, rights of action and proceeds awarded to
<br />Trustor (the "Proceeds ") are hereby assigned to Beneficiary and Trustor agrees to execute such further assignments of the Proceeds as Benefi-
<br />ciary or Trustee may require.
<br />in the event any portion of the Trust Estate is so taken or damaged. Beneficiary shall have the option, in its sole and absolute
<br />discretion, to apply all such Proceeds, after deducting therefrom all costs and expenses (regardless of the particular nature thereof and whether
<br />s
<br />incurred with or without suit), including attorneys' fees, incurred by it in connection with such Proceeds, upon any indebtedness secured hereby
<br />and in such order as Beneficiary may determine, or to apply all such Proceeds, after such deductions, to the restoration of the Trust Estate upon
<br />such conditions as Beneficiary may determine. Such application or release shall not cure or waive any default or notice of default hereunder or
<br />invalidate any act done pursuant to such notice.
<br />7. Appointment of Successor Trustee. Beneficiary may, from time to time, by a written instrument executed and ackno,t Iedged
<br />by Beneficiary, mailed to Trustor and recorded in the County in which the Trust Estate is located and by otherwise complying with the provisions
<br />of the applicable law of the State of Nebraska substitute a 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 hereto, their heirs,"
<br />devisees, personal representatives, successors and assigns. The term "Beneficiary" shall mean the owner and holder of the Note, w her her or not
<br />named as Beneficiary herein.
<br />9. Inspections. Beneficiary, or its agents, representatives or workmen, are authorized to enter at any reasonable time upon or in
<br />any part of the Trust Estate for the purpose of inspecting the same and tot the purpose of performing any of the acts it is authorized to perform
<br />under the terms of any of the Loan Instruments.
<br />10. Beneficiary's Powers. Without affecting the liability of any other person liable for the payment of any obligation herein men-
<br />tioned, and without affecting the lien or charge of this Deed of Trust upon any portion of the Property not then or theretofore released as
<br />security for the full amount of all unpaid obligations, Beneficiary may, from time to time and without notice (i) release any person so liable, lit)
<br />extend the maturity or alter any of the terms of any such obligations, (iii) grant other indulgences, (iv) release or reconvey, or cause to be released
<br />or reconveyed at any time at Beneficiary's options any parcel, portion or all of the Trust Estate, (v) take or release any other or additional
<br />security for any obligation herein mentioned, or (vi) make compositions or other arrangements with debtors in relation thereto.
<br />11. Events of Default. Any of the following events shall be deemed an event of default hereunder:
<br />(a) Default shall be made in the payment of anN installment of principal or interest or any other sum secured hereby w hen due:
<br />or
<br />(b) Trustor shall file a voluntary petition in bankruptcy or shall be adjudicated a bankrupt or insolvent, or shall file any petition
<br />or answer seeking or acquiescing in any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief for
<br />itself under any present or future federal, slate or other statute, law or regulation relating to bankruptcy, insolvency or other relief for debtors: or
<br />shall seek or consent to or acquiesce in the appointment of any trustee, receiver or liquidator of Trustor or of all or any part of the Trust Estate,
<br />or of any or all of the royalties, revenues, rents, issues or profits thereof, or shall make any general assignment for the benefit of creditors, or
<br />shall admit in writing its inability to pay its debts generally as they become due; or
<br />.
<br />L(c) decree filed Trustor seeking
<br />.A court of competent jurisdiction shall enter an order, judgment or approving a petition against
<br />any reorganization, dissolution or similar relief under any present or future federal, state or other statute, law or regulation rclauttg to
<br />bankruptcy, insolvency of other relief for debtors, and such order, judgment or decree shall remain unyacated and unstayed for an aggregate et
<br />sixty (60) days (whether or not consecutive) from the first (late of entry thereof; or am trustee, receiver or liquidator of Truster or of all or :tit%
<br />part of the Trust Estate, or of any or all of the royalties, revenues, rents, issues or profits ihereol. shall hr :appointed without the cement „i
<br />acgenesence of Trustor and such appointment shall temmn umacated and unstased for an aggregate of srstt (101 days ( %thetlm ,t not
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<br />consecutive); of
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