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<br />88- 106924
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<br />notice to Beneficiary. Trustor ehall promptly repair, maintain and raplace the
<br />Trust Estate or any part thereof so that, except for ordinary wear and tear I the
<br />Trust Estete shall not deteriorate. In no event shall the Trustor commit waste
<br />on or to the Trust Estate.
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<br />4. ACTIONS AFFECTING TRUST ESTATE. Trustor shall appear in and contest aoy
<br />action or proceeding purporting to affect the security hereof or the rights or
<br />powers of Beneficiary or Trustee, and shall pay all costs end expenses, including
<br />cost of evidence of title and attorney I s fees, in any such action or proceeding
<br />in which Beneficla"y or Trustee may appear. Should Trustor fail to make any
<br />payment or to do any act as and in the manner provided in any of the Loan
<br />Instruments, Beneficiary and/or Trustee, each in its own discretion, without
<br />obligation, may make or do the same in such manner and to such extent a~ either
<br />may deem necessary to protect the sBcuri ty hereof. Trustor shall, immediately
<br />upon demand therefor by Beneficiary, pay all casts arid expenses incurred by
<br />Beneficiary in connection with the exercise by Beneficiary of the foregoing
<br />rights, including, without limitation, costs of evidence of title, court casts,
<br />appraisals, surveys and attorney's fees. Any such costs and expenses not paid
<br />within ten (10) days of written demand shall draw interest at the default rate
<br />provided in the Note.
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<br />5. EMINENT DOMAIN. Should the Trust Estate, or any part thereof or
<br />interest therein, be taken or damaged by reason of any public improvement or
<br />condemnation proceeding, or in any other manner including deed in lieu of
<br />COndemnation ("CondemnationU), or should Trustor receive any notice or other
<br />information regarding such proceeding, Trustor shall give prompt written notice
<br />thereof to Beneficiary. Beneficiary shall be entitled to all compensation awards
<br />and other payments or relief therefor, and shall be entitled to make any
<br />compromise or settlement in connection with such taking or damage. All such
<br />compensationr awards, damages, rights of action and proceedS awarded to Trustor
<br />(the "Proceeds") are hereby assigned to Beneficiary; and Trustor agrees to
<br />execute such further assignments of the Proceeds as Beneficiary or Trustee may
<br />require.
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<br />6. APPOINTMENT OF SUCCESSOR TRUSTEE. Beneficiary may, from time to time,
<br />by a written instrument executed and acknowledged by Beneficiary, mailed to
<br />Trustor and recorded in the County in which the Trust Estate is located and by
<br />otherwise complying with the provisions of the applicable law of the State of
<br />Nebraska substitute a successor or successors to the Trustee named herein or
<br />acting hereunder.
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<br />7. SUCCESSORS AND ASSIGNS. This Deed of Trust applies to, inures to the
<br />benefit of and binds all parties hereto, their heirs, legatees, devisees,
<br />personal representatives, successors and assigns. The term "Beneficiary" shall
<br />mean the owner and holder of the Note, whether or not named as Beneficiary
<br />herein.
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<br />8. INSPECTIONS. Beneficiary, or its agents, representatives or workmen,
<br />are authorized to enter at any reasonable time upon or in any part of the Trustee
<br />Estate for the purpose of inspecting the same and for the pUrPose of performing
<br />any of the acts it is authorized to perform under the terms of any of the Loan
<br />Instruments.
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<br />9. EVENTS OF DEFAULT. Any of the following events shall be deemed an event
<br />af default hereunder:
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<br />(a) Trustor shall have failed to make payment of any installment of
<br />interest, principal, or principal and interest or any other sum secured hereby
<br />when due; or,
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<br />(b) There has occurred a breach of default under any tenn, covenant,
<br />agreement, condition, provision, representation, or warranty contained in any of
<br />the Loan Instruments.
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<br />10. ACCELERATION UPON DEFAULT. ADDITIONAL REIlEDIES. Should an event of
<br />default occur, Beneficiary may declare all indebtedness secured hereby to be due
<br />and payable, and the same shall thereupon become due and payable without any
<br />presentment, demand, protest, or notice of any kind. Thereafter the Beneficiary
<br />may:
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