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<br />4. ACTIONS AFFECTING TRUST ESTATE. Trustor shall appear in and contest any
<br />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
<br />evidence of title and attorney's fees, in any such action or proceeding in which
<br />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 of the Loan Instruments, Beneficiary
<br />and /or Trustee, each in its own discretion, without obligation so to do and without
<br />notice to or demand upon Trustor and without releasing Trustor from any obligation,
<br />may make or do the same in such manner and to such extent as either may deem necessary
<br />to protect the security hereof. Trustor shall, immediately upon demand therefor by
<br />Beneficiary, pay all costs and expenses incurred by Beneficiary in connection with the
<br />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
<br />costs and expenses not paid within ten (10) days of written demand shall draw interest
<br />at the default rate provided in the Note.
<br />5. 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
<br />proceeding, or in any other manner including deed in lieu of condemnation
<br />( "condemnation "), or should Trustor receive any notice or other information regarding
<br />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
<br />therefor, and shall be entitled at its option to commerce, appear in and prosecute in
<br />its own name any action or proceedings. Beneficiary shall also be entitled to make
<br />any compromise or settlement in connection with such taking or damage. All such
<br />compensation, awards, damages, rights of action and proceeds awarded to Trustor (the
<br />"Proceeds ") are hereby assigned to Beneficiary and Trustor agrees to execute such
<br />further assignments of the Proceeds as Beneficiary or Trustee may require.
<br />6. APPOINTMENT OF SUCCESSOR TRUSTEE. Beneficiary may, from time to time, by a
<br />written instrument executed and acknowledged by Beneficiary, mailed to Trustor and
<br />Recorded in the County in which the Trust Estate is located and by otherwise complying
<br />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 />7. SUCCESSORS AND ASSIGNS. This Deed of Trust applies to, insures to the
<br />benefit of and binds all parties hereto, their heirs, legatees, devices, personal
<br />representatives, successors and assigns. The term "Beneficiary" shall mean the owner
<br />and holder of the Note, whether or not named as Beneficiary herein.
<br />8. INSPECTIONS. Beneficiary, or its agents, representatives or employees, are
<br />authorized to enter at any reasonable time upon or in any part of the Trust Estate for
<br />the purpose of inspecting the same and for the purpose of performing any of the acts
<br />it is authorized to perform under the terms of any of the Loan Instruments.
<br />9. EVENTS OF DEFAULT. Any of the following events shall be deemed an event of
<br />default hereunder:
<br />(i) Trustor shall have failed to make payment of any installment of
<br />interest, principal, or principal and interest of any other sum secured hereby when
<br />due; or
<br />(ii) There has occurred a breach of or default under any term, cove-
<br />nant, agreement, condition, provision, representation or warranty contained in any of
<br />the Loan Instruments.
<br />10. ACCELERATION UPON DEFAULT, ADDITIONAL REMEDIES. Should an event of default
<br />occur 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,
<br />protest or notice of any kind. Thereafter Beneficiary may:
<br />(i) Either in person or by agent, with or without bringing any action
<br />or proceeding, or by a receiver appointed by a court and without regard to the ade-
<br />quacy of its security, enter upon and take possession of the Trust Estate, or any part
<br />thereof, in its own name or in the name of Trustee, and do any acts which it deems
<br />necessary or desirable to preserve the value, marketability or rentability of the
<br />Trust Estate, or part thereof or interest therein, increase the income therefrom or
<br />protect the security hereof and, with or without taking possession of the Trust
<br />Estate, sue for or otherwise collect the rents, issues and profits thereof, including
<br />those past due and unpaid, and apply the same, less costs and expenses of operation
<br />and collection including attorneys' fees, upon any indebtedness secured hereby, all in
<br />such order as Beneficiary may determine. The entering upon and taking possession of
<br />the Trust Estate, the collection of such rents, issues and profits and the application
<br />thereof as aforesaid, shall not cure or waive any default and, notwithstanding the
<br />continuance in possession of the Trust Estate or the collection, receipt and applica-
<br />tion of rents, issues or profits. Trustee or Beneficiary shall be entitled to exer-
<br />cise every right provided for in any of the Loan Instruments or by Law upon occurrence
<br />of any event of default, including the right to exercise the power of sale:
<br />(ii) Commence an action to foreclose this Deed of Trust as a mortgage,
<br />appoint a receiver, or specifically enforce any of the covenants hereof;
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