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200313450 <br />Beneficiary and shall not be cancelable, terminable or modifiable without ten (10) days prior written notice to Beneficiary. Trustor shall <br />promptly repair, maintain and replace the Trust Estate or any part thereof so that, except for ordinary wear and tear, the Trust Estate shall <br />not deteriorate. In no event shall the Trustor commit waste on or about the Trust Estate. <br />4. ACTTCTNS AFFECTING THE TRUST F.STATF,. Trustor shall appear in and contest any action or proceeding <br />purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee, and shall pay all costs and expenses, including <br />cost of evidence of title and attorney's fees, in any such action or proceeding in which Beneficiary or Trustee may appear. Should Trustor <br />fail to make any payment or to do any act as and in the manner provided in any of the Loan Instruments, Beneficiary and/or Trustee, each <br />in its own discretion, without obligation so to do and without notice to or demand upon Trustor and without releasing Trustor from any <br />obligation, may make or do the same in such manner and to such extent as either may deem necessary to protect the security hereof. <br />Trustor shall, immediately upon demand therefor by Beneficiary, pay all costs and expenses incurred by Beneficiary in connection with the <br />exercise by Beneficiary of the foregoing rights, including without limitation costs of evidence of title, court costs, appraisals, surveys and <br />attorney's fees. Any such costs and expenses not paid within ten (10) days of written demand shall draw interest at the default rate <br />provided in the Note. <br />5. FMTNFNT DOMATN. Should the Trust Estate, or any part thereof or interest therein, be taken or damaged by reason of <br />any public improvements or condemnation proceeding, or in any other manner including deed in lieu of Condemnation ( "Condemnation "), <br />or should Trustor receive any notice or other information regarding such proceeding, Trustor shall give prompt written notice thereof to <br />Beneficiary. Beneficiary shall be entitled to all compensation, awards and other payments or relief therefor, and shall be entitled at its <br />option to commence, appear in and prosecute in its own name any action or proceedings. Beneficiary shall also be entitled to make any <br />compromise or settlement in connection with such taking or damage. All such compensation, awards, damages, rights of action and <br />proceeds awarded to Trustor (the "Proceeds ") are hereby assigned to Beneficiary and Trustor agrees to execute such further assignments of <br />the proceeds as Beneficiary or Trustee may require. <br />6. APPOTNTMFNT OF ST TCCESSOR TRT TSTF . Beneficiary may, from time to time, by a written instrument executed <br />and acknowledged by Beneficiary, mailed to Trustor and Recorded in the County in which the Trust Estate is located and by otherwise <br />complying with the provisions of the applicable law of the State of Nebraska substitute a successor or successors to the Trustee named <br />herein or acting hereunder. <br />7. STJCCFSSORS AND ASSTGNS. This Deed of Trust applies to, inures to the benefit of and binds all parties hereto, <br />their heirs, legatees, devisees, personal representatives, successors and assigns. The term "Beneficiary" shall mean the owner and holder of <br />the Note, whether or not named as Beneficiary therein. <br />8. INSPECTION& Beneficiary, or its agents, representatives, or workmen, are authorized to enter at any reasonable time <br />upon or in any part of the Trust Estate for the 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 />9. FVFNTS OF DFFAT TT.T. 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 interest or any other <br />sum secured hereby when due; or, <br />b. There has occurred a breach of or default under any term, covenant, agreement, condition, provision, representation or <br />warranty contained in any of the Loan Instruments; or, <br />C. If all or any part of the property or any interest in it is sold or transferred (or if a beneficial interest in the Trustor is sold <br />or transferred and Trustor is not a natural person) without Beneficiary's prior written consent, the Beneficiary may, at its option, require <br />immediate payment in full of all sums secured by this Deed of Trust. If the Beneficiary exercises this option, Beneficiary shall give Trustor <br />Notice of Acceleration. The Notice shall provide a period of not less than thirty (30) days from the date the Notice is delivered or mailed <br />within which the Trustor must pay all sums secured by this Deed of Trust. If Trustor fails to pay these sums prior to the expiration of this <br />period, Lender may invoke any remedies permitted by this Deed of Trust without fiuther notice or demand on Trustor. <br />10. ACCET FR ATION T TPON DEFAT TT T, ADDITIONAL REMEDIES, Should an event of default occur Beneficiary may <br />declare all indebtedness secured hereby to be due and payable and the same shall thereupon become due and payable without any <br />presentment, demand, protest or notice of any kind. Thereafter Beneficiary may: <br />AA <br />