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86-- 100907
<br />powers of Beneficiary or Trustee, and shall pay a!I :costs and expenses, including
<br />cost of evidence of title and attorney's fees, in any such action or proceeding in
<br />which Beneficiary or Trustee may appear. Should Truster 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 to do so and without notice to or demand upon Trustor and without
<br />releasing Trustor from any obligation, may make or do the same in such manner
<br />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
<br />and expenses incurred by Beneficiary in connection with the exercise by Bene-
<br />ficiary of the foregoing rights, including without limitation costs of evidence of
<br />title, court costs, appraisals, surveys and attorney's fees. Any such costs and
<br />expenses not paid within ten (10) days of written demand shall. draw interest. at
<br />the default rate provided in the Note.
<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 "Condemnation ") , or should Trustor receive anv 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 at its option to
<br />commence, appear in and prosecute in its own name any action or proceedings.
<br />Beneficiary shall also be entitled to make any compromise or settlement in
<br />connection with such taking or damage. All such compensation, awards, damages,
<br />rights of action and proceeds awarded to Trustor (the "Proceeds "? are hereby
<br />assigned to Beneficiary and Trustor agrees to execute such further assignments of
<br />the Proceeds as Beneficiary or Trustee may require.
<br />o. APPOINTMENT OF SUCCESSOR TRUSTEE. Beneficiary may., from time to
<br />time, by a written instrument executed and acknowledged by Beneficiary, mailed
<br />TO Trustor and recorded in the County in which the Trust Estate is located and
<br />by 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.
<br />7. SUCCESSORS AND ASSIGNS. This Deed of Trust applies :o, inures to the
<br />benefit of an binds all parties hereto, their heirs, legatees, devisees, personal
<br />representatives, successors and assigns. The term " Beneficiary" shall mean the
<br />owner and holder of the Note, whether or not named as Beneficiary herein.
<br />8. INSPECTIONS. Beneficiarv, or its agents, representatives or workmen,
<br />are authorized to enter at any reasonable time upon or in any hart of the Trust
<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.
<br />9. EVENTS vF DEFAULT. Any of the following events shall be deemed an
<br />event of default hereunder:
<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
<br />1, b) There has occurred a breach of or default under any term, covenant,
<br />agreement, condition, provision, representation or warranty contained in any of
<br />the Loan Instruments.
<br />10. ACCELERATION UPON DEFAULT, ADDITIONAL REMEDIES. Should an event
<br />of default occur ene iciary may dec are al indebtedness secured hereby to be
<br />due and payble and the same shall thereupon become due and payable without
<br />any presentment, demand, protest or notice of any kind. Thereafter Beneficiary
<br />may:
<br />�a? Either in person or by agent, with or without bringing any action or
<br />proceeding, or by a receiver appointed by a :curt and writhoui regard to the
<br />adequacy of it, security, enter upon and take po!�t_... in of tt;e Trust Estate, or
<br />any part thereof, in its own nano or in the njr,-e of Trustee, and do any acts
<br />t •,.;htch it deems ne; essary of to pr+. ser'V the aloe marketability or
<br />wrtat>ts t', of tiie 'Trust rstitf, r port thor of ter5t the e ;n, iti+reaise the
<br />C'Me t?tcrc.1r: -,s. or Pry lo,:! the 1,ec 1 y `:r rrof nr.<,, A °.ta, O r k;ng
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