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<br />201607700
<br />3. ACTIONS AFFECTING TRUST ESTATE. Trustors shall appear in and
<br />contest any action or proceeding purporting to affect the security hereof or the rights or powers
<br />of Beneficiary or Trustee, and shall pay all costs and expenses, including cost of evidence of title
<br />and attorney's fees, in any such action or proceeding in which Beneficiary or Trustee may
<br />appear. Should Trustors 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, may make or do the same in such manner and to such extent as either may
<br />deem necessary to protect the security hereof. Trustors shall, immediately upon demand
<br />therefore 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
<br />evidence of title, court costs, appraisals, surveys and attorney's fees. Any such costs and
<br />expenses not paid within ten (10) days of written demand shall draw interest at the default rate
<br />provided in the Note.
<br />4. EMINENT DOMAIN. Should the Trust Estate, or any part thereof or
<br />interest 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 Trustors receive any notice or other information regarding such proceeding, Trustors
<br />shall give prompt written notice thereof to Beneficiary. Beneficiary shall be entitled to all
<br />compensation and condemnation awards and other payments or relief therefore, and shall be
<br />entitled to make any compromise or settlement in connection with such taking or damage. All
<br />such compensation and condemnation, awards, damages, rights of action and proceeds awarded
<br />to Trustors (the "Proceeds ") are hereby assigned to Beneficiary; and Trustors agree to execute
<br />such further assignments of the Proceeds as Beneficiary or Trustee may require.
<br />5. APPOINTMENT OF SUCCESSOR TRUSTEE. Beneficiary may, from
<br />time to time, by a written instrument executed and acknowledged by Beneficiary, mailed to
<br />Trustors and recorded in the County in which the Trust Estate is located and by otherwise
<br />complying with the provisions of the applicable law of the State of Nebraska, substitute a
<br />successor or successors to the Trustee named herein or acting hereunder.
<br />6. 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 />7. 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 purpose
<br />of inspecting the same and for the purpose of performing any of the acts it is authorized to
<br />perform under the terms of any of the Loan Instruments.
<br />S. EVENTS OF DEFAULT. Any of the following events shall be deemed an
<br />event of default hereunder:
<br />(a) Trustors shall have failed to make payment of any installment of
<br />interest, principal, or principal and interest or any other sum secured hereby when
<br />due; or,
<br />(b) There has occurred a breach or default under any term, covenant,
<br />agreement, condition, provision, representation, or warranty contained in any of
<br />the Loan Instruments.
<br />9. ACCELERATION UPON DEFAULT, ADDITIONAL REMEDIES.
<br />Should an event of default occur, Beneficiary shall give written notice to Trustors specifying the
<br />default, the action required to cure the default, a date not less than 60 days from the date of the
<br />notice by which the default must be cured, and that failure to cure the default on or before the
<br />specified date may result in acceleration of the entire sum secured by this Deed of Trust and
<br />resale of the property. Thereafter, the Beneficiary may:
<br />(a) Either in person or by agent, with or without bringing any action.or
<br />proceeding, or by a receiver appointed by a Court and without regard to the
<br />adequacy of its security, enter upon and take possession of the Trust Estate, or
<br />any part thereof, in its own name or in the name of Trustee, and do any acts which
<br />it deems necessary or desirable to preserve the value, marketability or rentability
<br />of the Trust Estate, or part thereof or interest therein, increase the income
<br />therefrom or protect the security hereof, and with or without taking possession of
<br />the Trust Estate, sue for or otherwise collect the rents, issues and profits thereof,
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