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89.104162
<br />foregoing rights, including, without limitation, costs of evidence of title,
<br />r�-- 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
<br />1 the default rate provided in the note.
<br />5. EN_ INS N. Should the Trust Estate, or any part thereof or
<br />interest there n, be t en or damaged by reason of any public ienproveaenit or
<br />condemnation proceeding, or in any other manner including deed in lieu'of
<br />Condemnation ("Condemnation "), or should Trustor receive any notice or� other
<br />inforwation regarding such proceeding, Trustor shall give prompt written notice
<br />thereof to Beneficiary. Beneficiary shall be entitled to all compensation
<br />awards and other payments or relief therefor, and shall be entitled to make any
<br />coemprosise or settlement in connection with such taking or damage. All such
<br />compensation, awards, damages, rights of action and proceeds awarded to Trustor
<br />(the "Proceeds") are hereby assigned to Beneficiary; and Trustor agrees to
<br />execute such further assignments of the Proceeds as Beneficiary or Truatee may
<br />require.
<br />S. APPOINIKENT OF SUCCESSOR TRUSTEE. Beneficiary may, from time to tiaiw,
<br />by a written instrUMOnt execut and acknowledged by Beneficiary, nailed to
<br />Trustor and recorded in the Cotmty in which the Trust Estate is located and by
<br />otherwise complying with, the provisions of the applicable law of the State of
<br />Nebraska substitute a successor or successors to the Trustee named herein or
<br />acting hereunder.
<br />7. SUCCESSORS AMO ASSIGNS. This Deed of Trust appljgs to, inures to the
<br />benefit of an - tunds all part es hereto, their heirs, legatees, devisees,
<br />persona;;.representativitti,. successors and assigns. The team "Beneficiary" shall
<br />mean t".1 o owner and holdwkc of the Note, whether or not nnpted as Beneficiary
<br />herein.
<br />S. INSPE "!CL INS. Beneficiary,, or its agents j, :representatives or workmen,
<br />are authorized enter at any reasonable time upon or in. any part of the
<br />Trustee Estate for the purpose of inspecting the same and for the purpose of
<br />performing any of the acts it is authorized to perfn- m under the terms of any
<br />of the Loan Irmtimients.
<br />9. BVEKTS OF D AULT. Any of the following events•Lehal. be deemed an,
<br />event of de au t hereunder:
<br />(a) Trustor shall have fai.led to make p a.ysinent of any intrt Llment of
<br />interest, princitpml, or principal grid interest or1'atif other sum secsartid hereby
<br />'
<br />when due; or,
<br />(b) There ha.� occurred a breach or default under any term, covenant,
<br />agreement, condition, provision, representation, cr. warranty contained in any
<br />of the Loan Instruments.
<br />10. ACCELE _4TIOli UP4rW PILAULT, ADDITIONAL_;p�MDIES. Should ar :' event of
<br />default occur, ene c ary may declare al. LndAm6 tess secs d hefitl"1?, to be die
<br />and payable, and the saxte shall thereupon becdme due and , payable,' .i�:t hout 'a:,.y
<br />_.
<br />presentment, demand, protest, or notice of any kir-ji., '. Thereafter the Ber;eficiary-
<br />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,
<br />or any part thereof, in its own name or in the name of Trustee, and do any acts
<br />which it deses necessary or desirable to preserve the value, marketability or
<br />rentability of the Trust Estate, or part thereof or interest therein, increase
<br />the income therefrom or protect the security hereof, and with or without taking
<br />possession of the Trust Estate, sue for or otherwise collect the rents, issues
<br />and profits thereof, including those past due and unpaid, and apply the same,
<br />less costs and expenses of operation and collection, including attorney's fees,
<br />upon any indebtedness secured hereby, all in Such order as Beneficiary may
<br />detemlfte. The entering upon and taking possession of the Trust Estate, the
<br />collection of such rents, issues and profits and the application thereof as
<br />aforesaid, shall not cure or waive any default or notice of default hereunder
<br />or invalidate any act done in response to such default or pursuant to such
<br />notice of default and, notwithstanding the continuance in possession of the
<br />Trust Estate or the collection, receipt and application of rents, issues or .
<br />profits, Trustee or Beneficiary shall be entitled to exercise every right
<br />pfravidea for in any of the umn Iti`trUments or by law upon cnecurrence of any
<br />'
<br />event of default;, including the right to exercise the power of sale;
<br />(b) Caammmence an action to foreclose this Deed of Trust as a mortgage,
<br />appoint a receiver, or specifically enforce any of the covenants hereof;
<br />(c) Deliver to Trustee a written declaration of default and demand for
<br />sale, and am written notice of default and election to cause Trustor's interest
<br />In the Trust Estate to be sold, which notice Trustee shall cause to be duly
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<br />filed for record in the appropriate tiff icital Records of they County in which the
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