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201802835 <br />by the Trustors, Beneficiary shall pay said costs at their sole discretion and the costs thereof shall <br />be reimbursed in full by the Trustors. <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 interest <br />therein, be taken or damaged by reason of any public improvement or condemnation proceeding, <br />or in any other manner including deed in lieu of Condemnation ( "Condemnation "), or should <br />Trustors receive any notice or other information regarding such proceeding, Trustors shall give <br />prompt written notice thereof to Beneficiary. Beneficiary shall be entitled to all compensation <br />and condemnation awards and other payments or relief therefore, and shall be entitled to make <br />any compromise or settlement in connection with such taking or damage. All such <br />compensation and condemnation, awards, damages, rights of action and proceeds awarded to <br />Trustors (the "Proceeds ") are hereby assigned to Beneficiary; and Trustors agree to execute such <br />further assignments of the Proceeds as Beneficiary or Trustee may require. <br />5. APPOINTMENT OF SUCCESSOR TRUSTEE. Beneficiary may, from time <br />to time, by a written instrument executed and acknowledged by Beneficiary, mailed to Trustors <br />and 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 successors <br />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 />8. EVENTS OF DEFAULT. Any of the following events shall be deemed an event <br />of default hereunder: <br />(a) Trustors shall have failed to make payment of any installment of interest, <br />principal, or principal and interest or any other sum secured hereby when 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. Should <br />an event of default occur, Beneficiary shall give written notice to Trustors specifying the default, <br />the action required to cure the default, a date not less than 60 days from the date of the notice by <br />which the default must be cured, and that failure to cure the default on or before the specified <br />date may result in acceleration of the entire sum secured by this Deed of Trust and resale of the <br />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 />Page 2 of 5 <br />