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<br />201�056��
<br />cancellable, terminable or modifiable without ten (10) days prior written notice to Beneficiary. Trustor
<br />shall promptly repair, maintain and replace the Trust Estate or any part thereof so that, except for ordinary
<br />wear and tear, the Trust Estate shall not deteriorate. In no event shall the Trustor commit waste on or to
<br />the Trust Estate.
<br />4. ACTIONS AFFECTING TRUST ESTATE. Trustor shall appear in and contest any action or
<br />proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee, and
<br />shall pay all costs and expenses, including cost of evidence of title and attomey's fees, in any such action
<br />or proceeding in which Beneficiary or Trustee may appear. Should Trustor fail to make any payment or
<br />to do any act as and in the manner provided in any of the Loan Instruments, Beneficiary and/or Trustee,
<br />each in its own discretion, without obligation so to do and without notice to or demand upon Trustor and
<br />without releasing Trustor from any obligation, may make or do the same in such manner and to such
<br />e�ctent as either may deem necessary to protect the securiTy hereof. Trustor shall, immediately upon
<br />demand therefor by Beneficiary, pay all costs and expenses incurred by Beneficia,ry in connection with
<br />the exercise by Beneficiary of the foregoing rights, including without limitation costs of evidence of title,
<br />court costs, appraisals, surveys and attorney's fees. Any such costs and expenses not paid within ten (10)
<br />days of written demand shall draw interest at the default rate provided in the Note.
<br />5. EMIlVENT DOMAIN. Should the Trust Estate, or any part thereof or interest therein, be
<br />taken or damaged by reason of any public improvement or condemnation proceeding, or in any other
<br />manner including deed in lieu of Condemnation ("Condemnation"), or should Trustor receive any notice
<br />or other information regarding such proceeding, Trustor shall give prompt written notice thereof to
<br />Beneficiary. Beneficiary shall be entitled to all compensation, awards and other payments or relief
<br />therefor, and shall be entitled at its option to commence, appear in and prosecute in its own name any
<br />action or proceedings. Beneficiary shall also be entitled to make any compromise or settlement in
<br />connection with such taking or damage. All such compensation, awards, damages, rights of action and
<br />proceeds awarded to Trustor (the "Proceeds") are hereby assigned to Beneficiary and Trustor agrees to
<br />execute such further assignments of the Proceeds as Beneficiary or Trustee may require.
<br />6. FUTURE ADVANCES. Upon request of Trustor, Beneficiary, at Beneficiary's option, prior
<br />to reconveyance of the Property to Trustor may make future advances to Trustor. Such future advances,
<br />with interest thereon, shall be secured by this Deed of Trust when evidenced by promissory notes stating
<br />that said notes are secured hereby.
<br />7. APPOINTMENT OF SUCCESSOR TRUSTEE. Beneficiary may, from time to time, by a
<br />written instrument executed and acknowledged by Beneficiary, mailed to Trustor and Recorded in County
<br />in which the Trust Estate is located and by otherwise complying with the provisions of the applicable law
<br />of the Sta.te of Nebraska substitute a successor or successors to the Trustee named herein or acting
<br />hereunder.
<br />8. SUCCESSORS AND ASSIGNS. This Deed of Trust applies to, inures to the benefit of and
<br />binds all parties hereto, their heirs, legatees, divorcee, personal representatives, successors and assigns.
<br />The term "Beneficiary" shall mean the owner and holder of the Note, whether or not named as
<br />Beneficiary herein.
<br />9. INSPECTION. Beneficiary or its agent may make reasonable entries upon and inspections of
<br />the Property. Beneficiary shall give Trustor notice at the time of or prior to an inspection specifying
<br />reasonable cause for the inspection.
<br />10. TRUSTOR NOT RELEASED; FORBEARANCE BY BENEFICIARY NOT A WANER.
<br />Extension of the time for payment or modification of amortization of the sums secured by this Security
<br />Instrument granted by Beneficiary to any successor in interest or Trustor shall not operate to release the
<br />liability of the original Trustor or Trustor's successors in interest. Beneficiary shall not be required to
<br />commence proceedings against any successor in interest or refuse to extend time for payment or
<br />otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand
<br />made by the original Trustor or Trustor's successors in interest. Any forbearance by Beneficiary in
<br />exercising any right or remedy shall not be a waiver of or prelude the exercise of any right or remedy.
<br />11. TRANSFER OF THE PROPERT'Y OR A BENEFICIAL INTEREST IN TRUSTOR. If all
<br />or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Trustor is
<br />sold or transferred and Trustor is not a natural person) without Beneficiary's prior written consent,
<br />Beneficiary may, at its option, require immediate payment in full of all sums secured by this Security
<br />Instrument, however, this option shall not be exercised by Beneficiary if exercise is prohibited by federal
<br />law as of the date of this Security Instrument. If Beneficiary exercises this option, Beneficiary shall give
<br />Trustor notice of acceleration. The notice shall provide a period of not less than 30 days from the date the
<br />notice is delivered of mailed within which the Trustor must pay all sums secured by this Security
<br />InstYUment. If Trustor fails to pay these sums prior to the expiration of this period, Beneficiary may
<br />invoke any remedies permitted by this Security 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
<br />hereunder:
<br />a. Trustor shall have failed to make payment of any insta.11ment of interest, principal, or
<br />principal and interest or any other sum secured hereby when due; or
<br />b. There has occurred a breach of or default under any term, covenant, agreement,
<br />condition, provision, representation or warranty contained in any of the Loan Instruments.
<br />13. ACCELERATION; REMEDIES. Beneficiary shall give notice of default to Trustor prior to
<br />acceleration following Trustor's breach of any covenant or agreement in this Trust Deed. The notice shall
<br />specify: (a) the default; (b) the action required to cure the default; (c) a date, t�ot less than 30 da.ys from
<br />the date the notice is given to Trustor, by which the default must be cured: and (d) that failure to cure the
<br />default on or before the date specified in the notice may result in acceleration of the sums secured by this
<br />Security Instrument and sale of the Property. The notice shall further inform Trustor of the right to
<br />reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or
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