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<br />5. EMINENT DOMAIN. Should the Trust estate, or any part thereof or interest therein, be taken or damaged
<br />by reason of any public improvement or condemnation proceeding, or in any other manner including deed in lieu
<br />of Condemnation ( "Condemnation "), or should Trustor receive any notice or other information regarding such
<br />proceeding, Trustor shall give prompt written notice thereof to Beneficiary. Beneficiary shall be entitled to all
<br />compensation, awards and other payments or relief therefor (to the limit of their interest herein), and shall be
<br />entitled at its option to commence, appear in and prosecute in its own name any action or proceedings.
<br />Beneficiary and Trustor shall also be entitled to make any compromise or settlement in connection with such taking
<br />or damage. All such compensation, awards, damages, rights of action and proceeds awarded to Trustor (the
<br />"Proceeds ") are hereby assigned to Beneficiary and Trustor agrees to execute such further assignments of the
<br />Proceeds as Beneficiary or Trustee may require.
<br />6. APPOINTMENT OF SUCCESSOR TRUSTEE. Beneficiary may, from time to time, by written instrument
<br />executed and acknowledged by Beneficiary, mailed to Trustor and recorded in the County in which the Trust estate
<br />is located and by otherwise complying with the provisions of the applicable law of the State of Nebraska substitute
<br />a successor or successors to the Trustee named herein or acting hereunder.
<br />7. SUCCESSORS AND ASSIGNS. This Deed of Trust applies to, inures to the benefit of and binds all
<br />parties hereto, their heirs, legatees, devisees, personal representatives, successors and assigns. The term
<br />"Beneficiary" shall mean the owner and holder of the Note, whether or not named as Beneficiary herein.
<br />8. INSPECTIONS. Beneficiary, or its agents, representatives or workmen, are authorized to enter at any
<br />reasonable time upon or in any part of the Trust estate for the purpose of inspecting the same and for the purpose
<br />of performing any of the acts it is authorized to perform under the terms of the Loan Instruments.
<br />9. TRUSTOR NOT RELEASED; FORBEARANCE BY BENEFICIARY NOT A WAIVER. Extension of time
<br />for payment or modification of amortization of the sums secured by this Security Instrument granted by Beneficiary
<br />to any successor in interest of Trustor shall not operate to release the liability of the original Trustor or Trustor's
<br />successors in interest. Beneficiary shall not be required to commence proceedings against any successor in
<br />interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security
<br />Instrument by reason of any demand made by the original Trustor or Trustor's successors in interest. Any
<br />forbearance by Beneficiary in exercising any right or remedy shall not be a waiver of or preclude the exercise of
<br />any right or remedy.
<br />10. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN TRUSTOR. If all or any part of the
<br />Property or any interest in it is sold or transferred (or if a beneficial interest in Trustor is sold or transferred and
<br />Trustor is not a natural person) without Beneficiary's prior written consent, Beneficiary may, at its option, require
<br />immediate payment in full of all sums secured by this Security Instrument, however, this option shall not be
<br />exercised by Beneficiary if exercise is prohibited by federal law as of the date of this Security Instrument. If
<br />Beneficiary exercises this option, Beneficiary shall give Trustor notice of acceleration. The notice shall provide
<br />a period of not less than thirty (30) days from the date the notice is delivered or mailed within which the Trustor
<br />must pay all sums secured by the Security Instrument. If Trustor fails to pay these sums prior to the expiration
<br />of this period, Beneficiary may invoke any remedies permitted by this Security Instrument without further notice
<br />or demand on Trustor.
<br />11. EVENTS OF DEFAULT. Any of the following events shall be deemed an event of default hereunder:
<br />A. Trustor shall have failed to make payment of any installment of interest, principal or principal and
<br />interest or any other sum secured hereby when due; or nonpayment of real estate taxes and insurance
<br />(if appropriate) when due;
<br />B. There has occurred a breach of or default under any term, covenant, agreement, condition,
<br />provision, representation or warranty contained in any of the Loan Instruments.
<br />12. ACCELERATION; REMEDIES. Beneficiary shall give notice of default to Trustor prior to acceleration
<br />following Trustor's breach of any covenant or agreement in this Trust Deed. The notice shall specify: (a) the
<br />default; (b) the action required to cure the default; (c) a date, not less than thirty (30) days from the date the
<br />notice is given to Trustor, by which the default must be cured; and (d) that failure to cure the default on or before
<br />the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale
<br />of the Property. The notice shall further inform Trustor of the right to reinstate after acceleration and the right to
<br />bring a court action to assert the non - existence of a default or any other defense of Trustor to acceleration and
<br />sale. If the default is not cured on or before the date specified in the notice, Beneficiary at its option may require
<br />immediate payment in full of all sums secured by this Security. Trustor shall be entitled to collect all expenses
<br />incurred in pursuing the remedies provided in this paragraph 12, including, but not limited to, reasonable attorney's
<br />fees and cost of title evidence. If power of sale is invoked, Trustee shall record a notice of default in each county
<br />in which any part of the Property is located and shall mail copies of such notice in the required applicable law;
<br />Trustee shall give public notice of sale to the persons and in the manner prescribed by applicable law. Trustee,
<br />without demand on Trustor, shall sell the Property at public auction to the highest bidder at the time and place
<br />under the terms designated in the notice of sale in one or more parcels and in any order Trustee determines.
<br />Trustee may postpone sale of all or any parcel of Property by public announcement at the time and place of any
<br />previously scheduled sale. Beneficiary or its designee may purchase the Property at any sale. Upon receipt of
<br />payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the Property. The
<br />recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee
<br />shall apply the proceeds of the sale in the following order: (a) to all expenses of the sale, including, but not limited
<br />to, Trustee's fees as permitted by applicable law and reasonable attorney's fees; (b) to all sums secured by this
<br />Security Instrument; and (c) any excess to the person or persons legally entitled to it.
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