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<br /> or powera of Beneficiary or Trustee, and ahall pay all costs and expenses,
<br /> including cost of evidence of title and attorney's fees, in any such action or
<br /> proceeding in which Beneficiary or Trustee may appear. Should Truator fail to
<br /> make any payment or to do any act as and in the manner provided in any of the
<br /> Loan Inatruments, Beneficiary and/or Trustee, each in its own discretion, without
<br /> obligation, may make or do the same in such manner and to such extent as either
<br /> may deem necessary to protect the security hereof. Truator shall, immediately
<br /> upon demand therefor by Beneficiary, pay all costs and expenses incurred by
<br /> Beneficiary in connection with the exercise by Beneficiary of the foregoing
<br /> rights, including, without limitation, costs of evidence of title, court costs,
<br /> appraisals, surveys and attorney's fees. Any such costs and expenses not paid
<br /> within ten (10) days of written demand shall draw interest at the default rate
<br /> provided in the Note.
<br /> 5. EMINENT DOMAIN. Should the Trust Estate, or any part thereof or
<br /> interest therein, be taken or damaged by reason of any public improvement 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 /> information regarding such proceeding, Truetor ahall give prompt written notice
<br /> thereof to Beneficiary. Beneficiary ahall be entitled to all compensation and
<br /> condemnation awarda and other payments or relief therefor, and shall be entitled
<br /> to make any compromise or settlement in connection with such taking or damage.
<br /> All such compensation and condemnation, awards, damages, rights of action and
<br /> proceeds awarded to Trustor (the "Proceeds") are hereby assigned to Beneficiary;
<br /> and Truator agrees to execute such further asaignments of the Proceede as
<br /> Beneficiary or Trustee may require.
<br /> 6. APPOINTMENT OF SUCCESSOR TRUSTEE. Beneficiary may, from time to time,
<br /> by a written instrument executed and acknowledged by Beneficiary, mailed to
<br /> Trustor and recorded in the County 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 AND ASSIGNS. This Deed of Trust applies to, inures to the
<br /> benefit of and binds all parties hereto, their heirs, legatees, devisees,
<br /> personal representatives, successors and assigns. The term "Beneficiary" ahall
<br /> mean the owner and holder of the Note, whether or not named as Beneficiary
<br /> herein.
<br /> 8. INSPECTIONS. Beneficiary, or its agents, representatives or workmen,
<br /> are authorized to enter at any reasonable time upon or in any part of the Trust
<br /> Estate for the purpose of inspecting the same and for the purpoae of performing
<br /> any of the acts it is authorized to perform under the terms of any of the Loan
<br /> Instruments.
<br /> 9. EVENTS OF DEFAULT. Any of the following events ahall be deemed an
<br /> event of default hereunder:
<br /> (a) Trustor shall have failed to make payment of any installment of
<br /> interest, principal, or principal and interest or any other sum aecured hereby
<br /> 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
<br /> the Loan Instruments.
<br /> 10. ACCELERATION UPON DEFAULT, ADDITIONAL REMEDIES. Should an event of
<br /> default occur, Beneficiary may declare all indebtedness secured hereby to be due
<br /> and payable, and the same shall thereupon become due and payable without any
<br /> presentment, demand, protest, or notice of any kind. Thereafter the Beneficiary
<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, or
<br /> any part thereof, in its own name or in the name of Trustee, and do any acts
<br /> which it deems 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 coets and expenses of operation and collection, including attorney's fees,
<br /> upon any indebtedness secured hereby, all in such order as Beneficiary may
<br /> determine. 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 or
<br /> invalidate any act done in response to such default or pursuant to auch notice
<br /> of default and, notwithstanding the continuance in poasession of the Trust Estate
<br /> or the collection, receipt and application of rents, issuea or profits, Trustee
<br /> or Beneficiary shall be entitled to exercise every right provided for in any of
<br /> the Loan Inatruments 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 forecloee thie Deed of Truet as a mortgage,
<br /> appoint a receiver, or specifically enforce any of the covenants hereof;
<br />
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