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;��; <br /> �9- sc�4oao <br /> of injury to persons or damage to property occurring on the property. The coverage <br /> shall be in an amount of not leas than $500,000 single limit for bodily injury and <br /> property damage. <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 ahall pay all costs ana expensea, 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 Truator fail to make any payment or to do <br /> any act as and in the manner provided in any of the Loan Instrumente, Beneficiary <br /> and/or Trustee, each in its own diacretion, without obligation, may make or do the <br /> same in such manner and to such extent as either may deem necessary to protect the <br /> security hereof. Trustor ahall, immediately upon demand therefor by Beneficiary, pay <br /> all costa and expenses incurred by Beneficiary in connection with the exercise by <br /> Beneficiary of the foregoinq rights, including, without limitation, costs of evidence <br /> of title, court custs, appraisals, surveys acnd attorney's feea. Any such costs and <br /> expenaea not paid within ten (10) days of written demand shall draw intereat at the <br /> 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 reaaon 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 ahall give prompt written notice thereof to Beneficiary. <br /> Beneficiary shall be entitled to all compensation and condemnation awards and other <br /> payments or relief therefor, up to the unpaid balance and accrued interest of the <br /> Promissory Note, and shall be entitled to make any compromise or settlement in <br /> connection with such taking or damage. All such compensation and condemnation, <br /> awards, damages, rights of action and proceeds awarded to Trustor (the "Proceeds") <br /> are hereby assigned to Beneficiary; and Trustor agrees to execute such further <br /> asaignments of the Proceeds as Beneficiary or Trustee may require. <br /> 6. APPOINTMENT OF SUCCESSOR TRUSTEE. Beneficiary may, from time to time, by <br /> a 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 otherwiae <br /> complying with the provisions of the applicable law of the State of Nebraska <br /> substitute a successor or successors to the Trustee named herein or acting hereunder. <br /> 7. SUCCESSORS AND ASSIGNS. Thia Deed of Truat appliea to, inures to the <br /> benefit of and binds all parties hereto, their heira, legatees, devisees, personal <br /> representatives, succesaors 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. Beneficiar;, or her agents, r�pr�sentatives or workmen, are <br /> authorized to enter at any reasonable time upon or in any part of the Trust Eatate <br /> for the purpose of inspecting the same and for the purpose of performing any of the <br /> acts it is authorized to perform under the terma of any of the Loan Inetruments. <br /> 9. EVENTS OF DEFAULT. Any of the following events shall be deemed an event <br /> of default hereunder: <br /> (a) Trustor 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 the <br /> 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 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 adequacy <br /> of its security, enter upon and take posseasion of the Trust Estate, or any part <br /> thereof, in her own name or in the name of Trustee, and do any acts which ehe 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 herFOf, and with or �ithout taking possession of the Trust <br /> Estate, aue for or otherwiae collect the rents, issues and profits thereof, including <br /> those past due and unpaid, and apply the same, leas costs and expenses of operation <br /> and collection, including attorney's feea, upon any indebtednesa secured hereby, all <br /> in such order as Beneficiary may determine. The entering upon and taking possession <br /> of the Trust Eetate, the collection of such rents, issues and profits and the <br /> application thereof as aforesaid, shall not cure or waive any default or notice of <br /> default hereunder or invalidate any act done in response to such default or pursuant <br /> to such notice of default and, notwithstanding the continuance in possession of the <br /> Trust Estate or the collection, receipt and application of rents, issues or profits, <br /> Trustee or Beneficiary shall be entitled to exercise every right provided for in any <br /> of the Loan Instruments or by law upon occurrence of any event of default, including <br /> the right to exercise the power of sale; <br /> (b) Commence an action to foreclose this Deed of Trust as a mortgage, appoint <br /> a receiver, or specifically enforce any of the covenants hereof; <br />