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<br />201608228
<br />action or proceeding in which Beneficiary or Trustee may appear. Should Trustor fail to make any
<br />payment or to do any acts as and in the manner provided in any of the Loan Instruments, Beneficiary
<br />and /or Trustee, each in its own discretion, without obligation so to do and without notice to or demand
<br />upon Trustor and without releasing Trustor i ,,►u any obligation, may make or do the same in such manner
<br />and to such extent as either may deem necessary to protect the security hereof. Trustor shall, immediately
<br />upon demand therefor by Beneficiary, pay all costs and expenses incurred by Beneficiary in connection
<br />with the exercise by Beneficiary of the foregoing rights, including without limitation costs of evidence of
<br />title, court costs, appraisals, suryeys and attorney's fees. Any such costs and expenses not paid within
<br />ten (10) days of written demand shall draw interest at the default rate provided in the Note.
<br />5. EMINENT DOMAIN. Should the Trust Estate, or any part thereof or interst therein, be
<br />taken or damaged by reason of any public improvement or condemnation proceeding. or in any other
<br />inanner including deed in lieu of Condemnation ( "Condemnation "). or should Trustor receive any notice
<br />;ii o ..l,r - T 1;: : rs - g;iFat:&n suc'li. arrsr'eer _ ►._,. ;. i rustor shad . bie prompt notice thereof fo
<br />Beneficiary. Beneficiary shall be entitled to ail 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 the
<br />County in which the Trust Estate is located and by otherwise complying with the provisions of the
<br />applicable law of the State of Nebraska substitute a successor or successors to the Trustee named herein
<br />or acting 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 theowner and holder of the Note, whether or not named as Beneficiary
<br />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 />I(1 TRI?STOR NOT REI.EASED: FORBEARANCE BY BENEFICIARY NOT A WAIVER.
<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 of 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 otherwise
<br />modify amortization of the sums secured by this Security Instrument`-by reason of any demand made by
<br />the original Trustor or Trustor's successors in interest. Any forbearance by Beneficiary in exercising any
<br />right or remedy shall not be a waiver of or preclude the exercise of any right or remedy.
<br />11.' TRANSFER OF-THE PROPERTY 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
<br />is 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
<br />the notice is delivered or mailed within which the Trustor must pay all sums secured by this Security
<br />Instrument. 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 installment of interest, principal, or principal
<br />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, condition,
<br />plc)", ^.:. repreNentotion ny.. any of the 1:_oan 1pstru'ments;..
<br />13. ACCELERATION; REMEDIES. Beneficiary shall give notice of default ►o Trustor prior
<br />to acceleration following Trustor's breach of any covenant or agreement in this Trust Deed. The notice
<br />s fu :ef . a 30 . <h. +. n (a) tk�., Is` „� the ... � to ..� ' - - '' � +P obi: than _ _ da��s
<br />i . ..� ,r� c�Ae qtr,. � ► �.: ` v+ x, .,; a �..�,,, days
<br />the date the noti,:e is given to Trustor, �bv which the default must he cured: and (d)_ that failure to
<br />cure the default on or before the date specified m the notice may result in acceleration of the sums secured
<br />by this Security Instrument and sale of the Property. ,The notice shall further inform Trustor of the right
<br />to reinstate after acceleration and the right to bring a court action to assert the non- existence of a default
<br />or any other defense of Trustor to acceleration and sate. If the default is not cured on or before the date
<br />specified in the notice, Beneficiary at its option` may require immediate payment in full of all sums secured
<br />by this Security Instrument without further further demand and may invoke the power of sale and any other
<br />remedies permitted by applicable law. Trustor shall be entitled to collect all expenses incurred in pursuing
<br />the remedies provided in this paragraph 13, including, but not limited to, reasonable attorney's fees and
<br />costs of title evidence. If power of sale is invoked, Trustee shall record a notice of default in each county
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