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08-12-22; 11 : 49AMTCa-1 cT"i ns "raw Off ce `" "f'3O&9282612 # 4/ 7 202205993 3. INSURANCE. Fire and extended coverage insurance shall be maintained upon said property and Trustor shall pay for said insurance when due. 4. ACTIONS AFFECTING TRUST ESTATE. Trustor shall appear in and contest any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee, and shall pay all costs and expenses, including cost of evidence of title and attorney's fees, in any such action or proceeding in which Beneficiary or Trustee may appear. Should Trustor fail to make any payment or to do any act as and in the manner provided in any of the Loan Instruments, Beneficiary and/or Trustee, each in its own discretion, without obligation so to do and without notice to or demand upon Trustor, and without releasing Trustor from any obligation, may make or do the same in such manner and to such extent as either may deem necessary to protect the security hereof. Trustor shall, immediately upon demand therefor by $eneficiary, pay all costs and expenses iincurred. by Beneficiary in connection with the exercise ,by Beneficiary of the foregoing rights, including without limitation, costs of evidence of title, court costs, appraisals, surveys and attorney's fees. Any such costs and expenses not paid within ten (10) days of, written demand shall draw interest at the rate of Sixteen Percent (16%) per annum. S. EMINENT DOMAIN. If title to any part of the property secured hereunder shall be taken in condemnation proceedings, by right of eminent domain or similar action, or shall be sold under threat of condemnation, all awards, damages and proceeds are hereby assigned and shall be paid to Beneficiary who shall apply such awards, damages and proceeds to the sum secured by this Trust Deed, with the excess, if any, paid to Trustor. If Trustor receives any notice or other information regarding such actions or proceedings, Trustor shall give prompt written notice thereof to Beneficiary. Beneficiary shall be entitled, at his option, to commence, appear in and prosecute in their own name any such action or proceedings and shall be entitled to make any compromise or settlement in connection with any such action or proceedings. 6. APPOINTMENT OF SUCCESSOR TRUSTEE. Beneficiary may, from time to time, by a written instrument executed and acknowledged by Beneficiary, mailed to Trustors and Recorded in Hall County and by otherwise complying with the provisions of the applicable law of the State of Nebraska substitute a successor or successors to the Trustee named herein or acting hereunder. 7. SUCCESSORS AND ASSIGNS. This Deed of Trust applies to, inures to the benefit of and binds all parties hereto, their heirs, legatees, devisees, personal representatives, successors and assigns. The term "Beneficiary" shall mean the owner and holder of any rights under the Note, whether or not named as Beneficiary herein. 8. EVENTS OF DEFAULT. Any of the following events shall be deemed an event of default hereunder: (A) Trustor shall have failed to make payment of any installment of interest, principal, or principal and interest or any other sum secured hereby when due; or (B) There has occurred a breach of or default under any term, covenant, agreement, condition, provision, representation or warranty contained in any of the Loan Instruments. In the event of such default Beneficiary shall provide Trustor with written notice of said default and if Trustor has not cured said default within Fifteen (15) days from such notice Beneficiary shall be entitled to accelerate the amounts due under the Surety Bond as set forth below.