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<br />200600952
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<br />costs and expenses, including cost of evidence of title and attorney's fees, in any such action or proceeding in which
<br />Beneficiary or Trustee may appear. Should Trustor fail to make any payment or to do any act as and in the manner
<br />provided in any of the Loan Instruments, Beneficiary and/or Trustee, in its own discretion, without obligation so to do
<br />and without notice to or demand upon Trustor and without releasing Trustor from any obligation, may make or do the
<br />same in such mamler and to such extent as either may deem necessary to protect the security hereof. Trustor shall,
<br />irmnediately upon demand therefor by Beneficiary, pay all costs and expenses incurred by Beneficiary in connection with
<br />the exercise by Beneficiary of the foregoing 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 within ten (10) days of written demand
<br />shall draw interest at the default rate provided in the Note.
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<br />6. EMINENT DOMAIN. Should the Trust Estate, or any part thereof or interest tllerein, be
<br />taken or damaged by reason of any public improvement or condemnation proceeding, or in any other manner including
<br />deed in lieu of Condemnation ("Condemnation"), or should Trustor receive any notice or other information regarding
<br />such 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, and shall be entitled at its option to cormnence, appear in
<br />and prosecute in its own name any action or proceedings. Beneficiary shall also be entitled to make any compromise
<br />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
<br />further assigmnents oftlle Proceeds as Beneficiary or Trustee may require.
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<br />7. FUTURE ADVANCES. Upon request of Trustor, Beneficiary, at Beneficiary's option, prior
<br />to reconveyance of the Property to Trustor may make future advances to Trustor. Such future advances, with interest
<br />thereon, shall be secured by tllis Deed of Trust when evidenced by promissory notes stating tllat said notes are secured
<br />hereby.
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<br />8. APPOINTMENT OF SUCCESSOR TRUSTEE. Beneficiary may, from time to time, by a
<br />written instrument executed and acknowledged by Beneficiary, mailed to Trustor and Recorded in the County in which
<br />the Trust Estate is located and by otherwise complying with the provisions oftlle applicable law ofthe State of Nebraska
<br />substitute a successor or successors to the Trustee named herein or acting hereunder.
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<br />9. SUCCESSORS AND ASSIGNS. This Deed of Trust applies to, inures to the benefit of and
<br />binds all parties hereto, their heirs, legatees, divorcees, 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.
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<br />10. INSPECTIONS. Beneficiary, or its agents may make reasonable entries upon and inspections
<br />of the Property. Beneficiary shall give Trustor notice at the time of or prior to an inspection specifying reasonable cause
<br />for the inspection.
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<br />11. TRUSTOR NOT RELEASED; FORBEARANCE BY BENEFICIARY NOT A WAIVER.
<br />Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument
<br />granted by Beneficiary to any successor in interest of Trustor shall not operate to release the liability of the original
<br />Trustor or Trustor's successors in interest. Beneficiary shall not be required to cormnence proceedings against any
<br />successor in interest or refuse to extend time for payment or otllerwise modify amortization of the sums secured by this
<br />Security Instrument by reason of any demand made by tlle 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 any right
<br />or remedy.
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<br />12. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN TRUSTOR. Ifall
<br />or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Trustor is sold or
<br />transfcrred and Trustor is not a natural person) witllout Beneficiary's prior written consent, Beneficiary may, at its option,
<br />require irmnediate payment in full of all sums secured by tllis Security Instrument, however, this option shall not be
<br />exercised by Beneficiary if exercise is prohibited by federal law as ofthe date of this Security Instrument. If Beneficiary
<br />exercises this option, Beneficiary shall give Trustor notice of acceleration. The notice shall provide a period of not less
<br />than 30 days from the date the notice is delivered or mailed within which the Trustor must pay all sums secured by this
<br />Security Instrument. If Trustor fails to pay these sums prior to the expiration ofthis period, Beneficiary may invoke any
<br />remedies permitted by this Security Instrument without further notice or demand on Trustor.
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<br />13. EVENTS OF DEFAULT. Any oftlle following events shall be deemed an event of default
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<br />hereunder:
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<br />a. Trustor shall have failed to make payment of any installment of interest, principal,
<br />or principal and interest or any other sum secured hereby when due; or
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<br />b. There has occurred a breach of or default under any term, covenant, agreement,
<br />condition, provision, representation or warranty contained in any of the Loan Instruments.
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<br />14. ACCELERATION; REMEDIES. Beneficiary shall give notice of default to Trustor prior
<br />to acceleration following Trustor's breach of any covenant or agreement in this Trust Deed in accordance with the
<br />requirements of the Nebraska Trust Deed Act. If the default is not cured on or before tlle date specified in the notice,
<br />Beneficiary at its option may require irmnediate payment in full of all sums secured by this Security Instrument without
<br />furtller demand and may invoke the power of sale and exercise all other rights and remedies permitted by applicable law.
<br />Trustor shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph, including,
<br />but not limited to, reasonable attorney's fees and costs of title evidence. If power of sale is invoked, Trustee shall give
<br />public notice of sale to the persons and in tlle manner prescribed by applicable law. Trustee, without demand on Trustor,
<br />shall sell the Property at public auction to the highest bidder at tlle time and place and under tlle terms designated in the
<br />notice of sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale of all or any parcel
<br />of the Property by public announcement at the time and place of any previously scheduled sale. Beneficiary or its
<br />designee may purchase the Property at any sale. Upon receipt of payment of the price bid, Trustee shall deliver to the
<br />purchaser Trustee's deed conveying the Property. The recitals in tlle Trustee's deed shall be prima facie evidence oftlle
<br />truth of the statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all
<br />expenses oftlle sale, including, but not limited to, Trustee's fees as permitted by applicable law and reasonable attorney's
<br />fees; (b) to all sums secured by tllis Security Instrument; (c) to junior lienholders; and (d) any excess to the person or
<br />persons legally entitled to it.
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