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200305731 D. ACTIONS APFECTING TRUST ESTATE. Tmstor 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 ost of evidence of title and anomey's fees, in any such action or proceeding m which Beneficiary or Trochee may appear. Should Trusmr fail to make any payment or to do any act as and in the manner provided in any of the Wan marannents, Beneficiary and /or Trustee, each in its awn discretion, without obligation an to do and without notice to or demand upon Truster and without releasing Trusmr from any obligation, may make or du the area in such manner and m such extent as either may deem necessary W protect the security hereof. Tmstor shall, immediately upon demand therefor by BeneftcarrY pay all cents and expenses incurred by Beneficiary in connection with the exercise by Beneficiary of the foregoing rights, ncluding without limitation, costs of evidence of title, court casts, appraisals, surveys and stmmeys fees. Any such costs and expenses not paid within ten days of written demand shall draw interest at the default rand provided in the Note. E. EMINENT DOMAIN. Should the Trust Estate, or any part thcrcof or interest th .did, be taken or damaged by reason of any public improvement or ondementirm proceeding, or any other manner including decd in lieu of condemnation ( "Condemnation"), or should Truster receive any native or other information regarding each PrnccediV, Tmsmr shall give prompt written notice thereof to Beneficiary Beneficiary shall be entitled W the smaller amount of all unpaid amounts under the Loan Instruments or all compensation, awards and other payments or relief therefor, and shall be entitled at its option to commence, appear in and proacem, in its own name any action or proceedings. Beneficiary shall also he entitled to make any compromise or settlement in continuation with such taking or damage. All such compensation, awards, damages, rights of action and proceeds awarded W Truster (the "Proceeds ") are hereby assigned W Bcndiciary and Trvstm agrees to execute such further assignations ofthe Preeeals as Beneficiary and Trashed may require. F. APPOINTMENT OF SUCCESSOR I KUSTFE. Beneficiary may, firm time in time, by a written instrument executed and acknowledged by Beneficiary, mailed W Truster and recorded in the County in which the Trust Estam is located and by otherwise complying with the provisinns of the applicable law of the Stall of Nebmsby substitute a suwessm or successors to the Trusrec named herein or acting hereunder_ G, SUCCESSORS AND ASSIGNS- This Deed of Trust applies to Inures 10 the benefit of, and binds all parties herein, their heirs, legatees, devisees, personal representatives, Successors and asdmv, The term "Beneficiary" shall mean the owner and holder of the Note, whether or not named az Beratici ny herein. IT INSPECTIONS. Beneficiary, or its agents, representatives or orkmen, are authorized W enter at any reasonable time upon or it any p n of the Trust Estate for the purpose of inspecting the same and for the purpose of performing any of the acts it is authorized to perform under the temss of any of the Loan Instruments, upon not less than 24 henna notice to Tranar. I. EVENTS OF DEFAUCC Any ofthe following events shall he deemed an event ofilcmult hereunder: Trustor shall have failed to make payment of any principal and/or interest installment becoming due hereunder by more Nan 10 days after the due date thereof, or There has secured a breach of or default under any term, covenant, vgeement eondiam, provision, representation or womanly contained in any writhe Wan lummu ants. J. ACCELERATION UPON DEFAULT, ADDITIONAL REMEDIES, Should an event of default occur, Beneficiary may declare all indebtedness senator] her to he due and payable and the Same shall thereupon become due and payable without any presentment, demand, protest or notice of any kind. Thereafter, Beneficiary may: I. Either in person or by agent, with or without bringing any action or loundeding, or by a receiver appointed by a nun and without regard to the adequacy of its security, enter No and take posse ,ion of the Trust Estate, or any pan thereof, in its awn name or in the time of Trustee, and do any acts which it deems necessary or desirable W preserve the value, marketability or mutability of the Trust Estate, or pan thereof or interest therein, increase the income thetofom or protect the security hereof, and with or without taking posscasion of the Trust Estate, sue for tar otherwise collect the rents, issues and profits thereof, including those past due and unpaid, and apply the same, less costs and expenses of operation and collection including apomeys Ices, upon any indebtedness secured hereby, all In such order . Beneficiary may determine the entering upon and taking posse of the Trust Estate, the collector. of such rents, issues sad profits and the apPlir'ation thereof as ion aforesaid, shall not cure or waive nt default or ice of default hereunder th invalidate any act done in response to such default or pursuant W such notice of default and notwithstanding the continuance in Bereaaion of the Tmrt led to x the collection, viig receipt and application of rents, is on proofs, Trustee n Beneficiary shall event entitled fa exercise every right provided for in any power the Lean Instruments or by law upon ovourrenw of any event of default, including the right W exercise the power o[ sole; 2. Commence an action to forcible this Deed of Trust as a mortgage, appoint a receiver, or specifically enforce any of the covenants hereof. K. FORECLOSURE BY POWER OF SALE. The I'mines, shall have the power of sale of the Pmpeny and if Beneficiary desires the property to be sold, Beneficiary shall deliver to frolic. a written declaration of default and demand far sale, and elmtion to cause Trust.,S interest in the Trust Estate to be sold- Should Beneficiary elect to foreclose by exercise of the Power of Sale herein contained, Beneficiary shall notify 'I rustle and shall deposit with Trustee this Deed of Trust and the Note and such receipts and evidence of expenditures made and secured as Trustee may require. 1. upon receipt of such notice from Beneficiary, 'trustee shall rouse W he recorded, pnbllshed and delivered W Truster such Notice of Default and Notice of Sale as than required by law and by this Deed of Trust Trustee shall, without demand on I'rastoc after such times as may then he required by law and after recordation of such Notice of Default and alter Notice of Sale having men given as required by law, sell the Trust Flum at the time and place of sole fixed by it in such Notice of Sale, either as a whole, or in sepamW lots or parcels or items as Trustee shall deem expedient, and in such order as it may deem .lne, at public auction to the highest bidder fur cash in lawful money came United States payable at the time of sale. Trustee shall deliver to such purchaser or purchasers thereof its gund sad sufficient deed car deeds conveying the properly so sold, but without any covenant or warranty, express or implied The mcilals in such deed of any miners or fact shall be crndirlm proof of the nvthfalness thereof. Any person, Including without limitation, Erosion, Trustee or Beneficiary, may purchase at such sale and Trusmr hereby covenants to warrant and defend the title of such purchaser or purchasers. 2. As may be permitted by law, after deducting all costs, fees and expenses of Trustee and of this 'I rust, including costs of evidence of tide in connection with sale, Trustee shall apply the proceeds of sale m payment of the fallowing item, is the following order: a. all sums expended under the terms Inner. not then repaid, with accrued interest at TWELVE percent (12.0 %) per annum; It. all other sums Then seamed hereby, and c the remainder, if any, W the person or persons legally entitled thereto Trustee may in the manner provided by law, postpone sale of all m any portion of the Trust Estate. 'Ihe'fruslee shall he entitled to a far, in addition to actual expenses incurred in the exercise of die power of sale. In the event the trust Deed is nut reinstated pursuant W Nebraska Statutes, the Trustee shall be entitled to a tee not to exceed $1,000.00 or 2.50 %ofthe entire unpaid principal and interest , whichever is greater.