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20~oo5o9s 11. Whenever all or any portion of the sums secured by this Deed of Trust have became due and payable immediately by reason of a breach or default in the performance of any obligation secured by this Trust Deed, and Beneficiary intends to exercise the power of sale provided herein, as available under the Nebraska Trust Deed's Act, Trustor may cure such default if Trustor complies with all the terms and conditions set forth in the Nebraska Trust Deed's Act, together with paying to Beneficiary all costs and expenses actually incurred in enforcing the terms of such obligation, or Deed of Trust, including the Trustee's fees and reasonable attorney fees as allowed by law, actually incurred not exceeding the maximum allowed by law at said time. 12. In the event of any default hereunder by Trustor, Trustor shall pay the costs incurred by Beneficiary in examining title to the Premises and Trustor shall pay Trustee's fees actually incurred in enforcing the terms of any Promissory Note, and/or the Deed of Trust not to exceed the amount of three percent (3 %) of the entire unpaid principal and interest sum secured hereby, together with reasonable attorney's fees, late charges, title insurance premium, and any other casts or reimbursements as allowed by law. 13. The loan secured by this Deed of Trust was made under a United States Small Business Administration (SBA) Nationwide Program which uses tax dollars to assist small business owners. If the United States is seeking to enforce this document, then, under SBA Regulations: (a) When SBA is the holder of the Note, this document and all documents evidencing or securing the loan, will be construed in accordance with Federal Laws; and (b) Beneficiary or SBA may use local or state procedures for purposes such as filing papers, recording documents, giving notice, foreclosing liens, and other purposes. By using these procedures, SBA does not waive any Federal Immunity from local or state control, penalty, tax or liability. Na Trustor, Borrower or Guarantor may claim or assert against SBA any local or state law to deny any obligation of Trustor, Borrower, ar Guarantor, or defeat an claim of SBA with respect to this loan. Any clause in this document requiring arbitration is not enforceable when SBA is the holder of the Note secured by this Deed of Trust. DEED OF TRUST ]:\TJC\13111\223\NE-170T.2.wpd - ~