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200003355
<br />and tear, the Trust Estate shall not deteriorate. In no event shall the Trustor commit waste on or to the
<br />Trust Estate.
<br />4. ACTIONS AFFECTING TRUST ESTATE. Trustor shall appear in and contest any action or
<br />proceeding purporting to affect the security thereof or the rights or powers of Beneficiary or Trustee, and
<br />shall pay all costs and expenses, including cost of evidence of title and attorney fees in any situation or
<br />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 such Loan Instruments, Beneficiary and /or Trustee without
<br />obligation so to do and without notice to or obligation, may make or do the same in such manner and to
<br />such extent as either may deem necessary to protect the security hereof. Trustor shall, immediately upon
<br />demand therefor by Beneficiary, pay all costs and expense incurred by Beneficiary in connection with the
<br />exercise by Beneficiary of the foregoing rights including without limitation costs of evidence of title, court
<br />costs, appraisals, surveys and attorneys fees. Any such costs and expenses not paid within ten (10) days
<br />of written demand shall draw interest at the default rate provided in the Contact.
<br />5. EMINENT DOMAIN. Should the Trust Estate, or any part thereof or interest therein, be taken or
<br />damaged by reason of any public involvement or condemnation proceeding, or in any other manner
<br />including deed in lieu of Condemnation ( "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
<br />be entitled at its option to commence, appear in and prosecute in its own name any action or proceedings.
<br />Beneficiary shall also be entitled to make any compromise or settlement in connection with such taking or
<br />damage. All such compensation, awards, damages. rights of action and proceeds awarded to Trustor
<br />(the "Proceeds ") are hereby assigned to Beneficiary and Trustor agrees to execute such further
<br />assignments of the Proceeds as Beneficiary or Trustee may require.
<br />6. APPOINTMENT OF SUCCESSOR TRUSTEE. Beneficiary may at any time appoint a
<br />successor Trustee in accordance with the applicable provisions of the Nebraska Trust Deeds Act as now
<br />in effect or hereafter amended.
<br />7. SUCCESSORS AND ASSIGNS. This Deed of Trust applies to, inures to the benefit of and
<br />binds all parties hereto, their heirs, legatees, personal representatives, successors and assigns, provided,
<br />however, Trustor shall not be able to assign the Contract with Beneficiary, without the express written
<br />consent of Beneficiary.
<br />8. INSPECTIONS. Beneficiary, or its agents, representatives or workmen, are authorized to enter
<br />at any reasonable time upon or in any part of the Trust Estate for the purpose of inspecting the same and
<br />for the purpose of performing any of the acts it is authorized to perform under the terms of any of the Loan
<br />Instruments.
<br />9. EVENTS OF DEFAULT. Any of the following events shall be deemed an event of default:
<br />a. Trustor shall fail to make payments of any installment of interest, principal or
<br />principal and interest or any other sums secured hereby when demanded by
<br />Beneficiary;
<br />b. Trustor sells, transfers or assigns all or any part of the Property or any interest
<br />therein without first obtaining Beneficiary's written consent, which may be withheld
<br />for any reason; or
<br />There has occurred a breach or default under any term, covenant , agreement,
<br />condition, provision, representation or warranty contained in any of the Loan
<br />Instruments.
<br />10. ACCELERATION UPON DEFAULT, ADDITIONAL REMEDIES. Should an event of default as
<br />set forth and described above occur, which event of default shall continue for a period of fifteen (15) days
<br />after initial occurrence, Beneficiary may declare all indebtedness secured hereby to be due and payable
<br />and the same shall thereupon become due and payable without any presentment, demand, protest or
<br />notice of any kind, whereafter Beneficiary shall be entitled:
<br />a. To an immediate restitution of possession of the Trust Estate, to be delivered to
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