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200400570,
<br />event of a partial taking of the Trust Estate, unless Trustor and Beneficiary otherwise agree
<br />in writing, there shall be applied to the sums secured by this Deed of Trust such proportion
<br />of the proceeds as is equal to that proportion which the-amount of the sums secured by this
<br />Deed of Trust immediately prior to the date of taking bears to the fair market value of the
<br />Trust Estate immediately prior to the date of taking, with the balance of the proceeds paid
<br />to Trustor.
<br />If the Trust Estate is abandoned by Trustor, or if, after notice by Beneficiary to
<br />Trustor that the condemnor offers to make an award or settle a claim for damages, Trustor
<br />fails to respond to Beneficiary within 30 days after the date such notice is mailed,
<br />Beneficiary is authorized to collect and apply the proceeds, at Beneficiary's option, either
<br />to restoration or repair of the Trust Estate or to the sums secured by this Deed of Trust.
<br />Unless Beneficiary and Trustor otherwise agree in writing, any such application of
<br />proceeds to principal shall not extend or postpone the due date of the installments referred
<br />to herein or change the amount of such installments.
<br />F. APPOINTMENT OF SUCCESSOR TRUSTEE. Beneficiary may, from time to time, by a written
<br />instrument executed and acknowledged by Beneficiary, mailed to Trustor and recorded in the
<br />County in which the Trust Estate is located, and by otherwise complying with the provisions
<br />of the applicable law of the State of Nebraska, substitute a successor or successors to the
<br />Trustee named herein or acting hereunder.
<br />G. SUCCESSORS AND ASSIGNS. This Deed of Trust applies to, inures to the benefit of,
<br />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 />H. 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
<br />purpose of inspecting the same and for the purpose of performing any of the acts it is
<br />authorized to perform under the terms of any of the Loan Instruments.
<br />I. EVENTS OF DEFAULT. Any of the following events shall be deemed an event of default
<br />hereunder:
<br />(1) Trustor shall have failed to make payment of any installment of interest,
<br />principal, or principal and interest or any sum secured hereby within fifteen (15) days of
<br />when due; or
<br />(2) There has occurred any other breach of or default under any term, covenant,
<br />agreement, condition, provision, representation or warranty contained in any of the Loan
<br />Instruments which has not been cured within fifteen (15) days after mailing of written notice
<br />identifying such default.
<br />J. ACCELERATION UPON DEFAULT, ADDITIONAL REMEDIES. Should an event of default occur,
<br />Beneficiary may declare all indebtedness secured hereby to be due and payable and the same
<br />shall thereupon become due and payable without any presentment, demand, protest or notice of
<br />any kind. Thereafter, Beneficiary may do any one or more of the following:
<br />(1) 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 of its
<br />security, enter upon and take possession of the Trust Estate, or any part thereof, in its own
<br />name or in the name of Trustee, and do any acts which it deems necessary or desirable to
<br />preserve the value, marketability or rentability of the Trust Estate, or part thereof or
<br />interest therein, increase the income therefrom or protect the security hereof and, with or
<br />without taking 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, less costs and
<br />expenses of operation and collection including attorneys' fees, upon any indebtedness secured
<br />hereby, all in such order as Beneficiary may determine. The entering upon and taking
<br />possession of the Trust Estate, 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 default
<br />hereunder or invalidate any act done in response to such default or pursuant to such notice
<br />of default and, notwithstanding the continuance in possession of the Trust Estate or the
<br />collection, receipt and application of rents, issues or profits, Trustee or Beneficiary shall
<br />be entitled to exercise every right provided for in any of the Loan Instruments or by law
<br />upon occurrence of any event of default, including the right to exercise the power of sale.
<br />(2) 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 />(3) Deliver to Trustee a written declaration of default and demand for sale, and
<br />a written notice of default and election to cause Trustor's interest in the Trust Estate to
<br />be sold, which notice Trustee shall cause to be duly filed for record in the appropriate
<br />Official Records of the County in which the Trust Estate is located.
<br />K. FORECLOSURE BY POWER OF SALE. Should Beneficiary elect to foreclose by exercise
<br />of the power of sale herein contained, Beneficiary shall notify Trustee and shall deposit
<br />with Trustee this Deed of Trust and the Note and such receipts and evidence of expenditures
<br />made and secured hereby as Trustee may require.
<br />(1) Upon receipt of such notice from Beneficiary, Trustee shall cause to be
<br />recorded, published and delivered to Trustor such Notice of Default and Notice of Sale as
<br />then required by law and by this Deed of Trust. Trustee shall, without demand on Trustor,
<br />after such time as may then be required by law and after recordation of such Notice of
<br />Default and after Notice of Sale having been given as required by law, sell the Trust Estate
<br />at the time and place of sale fixed by it in such Notice of Sale, either as a whole, or in
<br />separate lots or parcels or items as Trustee shall deem expedient, and in such order as it
<br />may determine, at public auction to the highest bidder for cash in lawful money of the United
<br />States payable at the time of sale. Trustee shall deliver to such purchaser or purchasers
<br />thereof its good and sufficient deed or deeds conveying the property so sold, but without any
<br />covenant or warranty, express or implied. The recitals in such deed of any matters or facts
<br />shall be conclusive proof of the truthfulness thereof. Any person, including, without
<br />limitation Trustor, Trustee or Beneficiary, may purchase at such sale and Trustor hereby
<br />covenants to warrant and defend the title of such purchaser or purchasers.
<br />(2) As may be permitted by law, after deducting all costs and expenses of
<br />Trustee and of this Trust in exercising the power of sale and of the sale, including, but not
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