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<br />and attorney's fees, in any such action or proceeding in which Beneficiary or Trustee may
<br />appear. Should Trustor fail to make any payment or to do any act as and in the manner
<br />provided in any of the Loan Instruments. Beneficiary and /or Trustee, each in its own discretion,
<br />without obligation so to do and without notice to or demand upon Trustor and without releasing
<br />Trustor from any obligation, make or do the same in such manner and to such extent as either
<br />may deem necessary to protect the security hereof. Trustor shall, immediately upon demand
<br />therefor by Beneficiary, pay all costs and expenses incurred by Beneficiary in connection with
<br />the exercise by Beneficiary of the foregoing rights, including without limitation costs of evidence
<br />of title, court costs, appraisals, surveys and attorney's fees. Any such costs and expenses not
<br />paid within ten (10) days of written demand shall draw interest at the default rate provided in
<br />the Note.
<br />6. EMINENT DOMAIN. Should the Trust Estate, or any part thereof or interest
<br />therein, be taken or damaged by reason of any public improvement or condemnation
<br />proceeding, or in any other manner including deed in lieu of Condemnation ( "Condemnation "),
<br />or should Trustor receive any notice or other information regarding such proceeding, Trustor
<br />shall give prompt written notice thereof to Beneficiary. Beneficiary shall be entitled to all
<br />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
<br />shall also be entitled to make any compromise or settlement in connection with such taking or
<br />damage. All such compensation, awards, damages, rights or action and proceeds awarded to
<br />Trustor (the "Proceeds ") are hereby assigned to Beneficiary and Trustor agrees to execute
<br />such further assignments of the Proceeds as Beneficiary or Trustee may require.
<br />7. APPOINTMENT OF SUCCESSOR TRUSTEE. Beneficiary may, from time to time,
<br />by a written instrument executed and acknowledged by Beneficiary, mailed to Trustor and
<br />Recorded in the County in which the Trust Estate is located and by otherwise complying with
<br />the provisions of the applicable law of the State of Nebraska substitute a successor or
<br />successors to the Trustee named herein or acting hereunder.
<br />8. SUCCESSORS AND ASSIGNS. This Deed of Trust applies to, inures to the
<br />benefit of and binds all parties hereto, their heirs, legatees, devisees, personal representatives,
<br />successors and assigns. The term "Beneficiary" shall mean the owner and holder of the Note,
<br />whether or not named as Beneficiary herein.
<br />9. INSPECTIONS. Beneficiary, or its agents, representatives or workmen, are
<br />authorized to enter at any reasonable time upon or in any part of the Trust Estate for the
<br />purpose of inspecting the same and for the purpose of performing any of the acts it is
<br />authorized to perform under the terms of any of the Loan Instruments.
<br />10. EVENTS OF DEFAULT. Any of the following events shall be deemed an event
<br />of default hereunder.
<br />(a) Trustor shall have failed to make payment of any installment of interest, principal,
<br />or 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 />11. ACCELERATION UPON DEFAULT, ADDITIONAL REMEDIES. Should an event
<br />of default occur Beneficiary may declare all indebtedness secured hereby to be due and
<br />payable and the same shall thereupon become due and payable without any presentment,
<br />demand, protest or notice of any kind. Thereafter Beneficiary may:
<br />(i) Either in person or by agent, with or without bringing any action or proceeding,
<br />or by a receiver appointed by a court and without regard to the adequacy of its security, enter
<br />upon and take possession of the Trust Estate, or any part thereof, in its own name or in the
<br />name of Trustee, and do any acts which it deems necessary or desirable to preserve the value,
<br />marketability or rentability of the Trust Estate, or part thereof or interest therein, increase the
<br />income therefrom or protect the security hereof and, with or without taking possession of the
<br />Trust Estate, sue for or otherwise collect the rents, issues and profits thereof, including those
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