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<br />200601076
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<br />appraisals, surveys and aUmMY'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 therein, be
<br />taken. or damaged by reason of any public improvement or condemnation proceeding, or in any other manner including
<br />deed in Iicu of Condemnation ("Condemnation"), or should Trustor receive any notice or other information rcgarding
<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 commence, 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 assignments of the Proceeds as Beneficiary or Trustee may requirc.
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<br />7. FUTUREADV ANCES. Upon request of Trustor, Beneficiary, at Beneficiary's option, prior
<br />to reconveyance offue Properly to Trustor may make future advonces to T1'I16tor. Such future advances, with interest
<br />thereon, shall be secured by this Deed of Trust when evidenced by promissory notes stating that 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 provisioDB of the applicable law of the State of Nebraska
<br />substitute a succcssor or successors to the Trustce 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 assigm. The term
<br />"Beneficiary" shall mea:o the owncr and holder of the Note, whether or not named as Beneficiary herein.
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<br />10. INSPECTIONS. Beneficiary, or its agtmls may make reasonable entries upon and inspections
<br />of the Property. BeneficialY shall give Tl'llStor 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 amorti:r.ation of the IlUIlIS secured by this Security lDBtrument
<br />granted by Beneficiary to any successor in interest of Trustor shall not operate to release the liability of the original
<br />Trustor or Tmstor's successors in interest. Beneficiary shall not be requircd to commence proceedings against any
<br />successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this
<br />Security Instrument by reason of any demarnl made by the original TlUstor or Trustor's successors in interest. Any
<br />forbearance by Beneficiary in exercising any right or remedy shall nut be a waiver of or preclude the exercise of any right
<br />or remedy.
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<br />12. TRANSFRR OF TIIE PROPERTY ORA BENEFICIAL INTbllliST IN TRUSTOR. If all
<br />or any part of the Property or any interest in it is sold or transfelTed (or if a beneficial interest in TlUstor is sold or
<br />transferred and Trustor is not li natural person) withoutBeneficiary's prior written consent, Beneficiary may, at its option,
<br />require immediate payment in full of all sums secured by this Security InstJ:umcnt, 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 Truslor 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 />Sccurity Instrument. IfTlUstor fails to pay these S\UllS prior to the expiration of this period, Beneficiary may involrn any
<br />remedies permitted by this Security Insllurnent without fwiher notice or demand on Trustor.
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<br />13. EVENTS OF DEF AUL T. Any of the 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 ofany 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 OCClITred a brcacl) of Or default under any tel'Ill, covenant, agreement,
<br />condition, provision, representation or warranty contained in any of the Loan lDBtruments.
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<br />14. ACCELERATION; REMEDIES. Beneficiary shall give noticc 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 />requil-ements of the Nebraska Trust Deed Act. If the default is not cured On Or before the date specified in thc notice,
<br />Beneficiary at its option may require immediate payment in full of all surn. secured by this Security Instrument without
<br />further demand and may invoke the power of salc and exe(cise all other rights and remedies permitted by applicable law.
<br />Trustor shall be entitled to collcct all expenses incW'red in pursuing the remedies provided in this paragraph, including,
<br />but not limitcd to, reasonable attorney's fees and cosl'l of title cvidence. If power of sale ia invoked, Trustee shall give
<br />public notice of sale to the persoDB and in the manner prescribed by applicable law. Trustee, without dema:od on Trustor,
<br />shall sell thc Property at public anction to the highest bidder at the time and place and under the terms designated in the
<br />notice of sale in one or more parcels aod in any order Trustee determines. Trustee Ulay postpone sale of all or any parcel
<br />of the Property by public announcement at the tiroe and place of any previously scheduled salc. Beneficiary or its
<br />designee may purchase the Property at auy sale. Upon receipt of payment ofthe price hid, Trustee shall deliver to the
<br />purchaser Trustee's deed conveying the Property. The recitals in the TTu.~tee's deed shall be prima facie evidence of the
<br />truth of the statements made therein. Trustee shall apply the proceeds of the sale in the following order; (a) to all
<br />expenses of the sale, including, but not limited to, Trustee's fees as permitted by applicable law and reasonable attorney's
<br />fees; (h) to all sums secured by this Security Instnnneut; (c) to junior lienholders; and (d) any excess to the person or
<br />persons legally entitled tu it.
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<br />15_ ASSlGNMENT OF RENTS. As additional sccurity, Trustor hereby assigns to Beneficiary
<br />the rents of the Property, provided that Tru.stor shall, prior to acceleration hereunder or abandonment of the Properly,
<br />have the right to collect and retain such ,'ents as they become due and payable. Upon acceleratiun as provided herein
<br />or abandonment of the Property, Beneficiary (in person, by agent or by judicially appointed receiver) shall be entitled
<br />to enter upon, take possession of and manage the Property and to collect the rents of the Property including those past
<br />due. Any rents collected by Beneficiary or the receiver shall be applied first to payment of the costs of management of
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