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<br />84 - 003484
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<br />4, Actions Affecting Trust Estate: Trustor shall appear
<br />in and contest any action or proceedIng purporting to affect
<br />the security hereof or the rights or powers of beneficiaries
<br />or Trustee, from and after the date of execution and filing
<br />of this Deed of Trust and acquisition of title by the Trustor,
<br />and shall pay all costs and expenses, including costs of evidence
<br />of title and attorney's fees in any action or proceeding in
<br />which Beneficiaries or Trustee may appear, If Trustor fails
<br />to make any payment or to do any action as and in the martner
<br />provided in the Note and Deed of Trust, Beneficiaries and/or
<br />Trustee, each in their own discretion, without obligation
<br />so to do and without notice to or demand upon Trustor, and
<br />without releasing Trustor from any obligation, may make or
<br />do the same in such manner and to such extent as eith~r may
<br />deem necessary to protect the security hereof, Trustor shall,
<br />immediately upon demand therefor by Beneficiaries, pay all
<br />costs and expenses incurred by Beneficiaries in connection
<br />with the exercise by Beneficiaries of the foregoing rights,
<br />including without limitation costs of evidence of title, court
<br />costs, appraisals, surveys, and attorney's fees, Any such
<br />costs and expenses not paid within ten (10) days of written
<br />demand shall draw interest at the default rate provided in
<br />the note,
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<br />5_ Eminent Domain: If a" or a portion of the Trust
<br />Estate is-taken or damaged by 'a50n of any public improvement
<br />or condemnation proceeding, or In any other manner, including
<br />deed in lieu of condemnation (Condemnation), or should Truator
<br />receive any notic or other information regarding such proceeding,
<br />Trustor shall give prompt written notice to the Beneficiaries.
<br />Beneficiaries shall be entitled to all compensation, awards,
<br />and other payments or relief tberefor, to the extent it impairs
<br />or affects the security of the Beneficiaries and shall be
<br />entitled at their option to commence, appear in, and prosecute
<br />in their own name any action or proceedings, Beneficiaries
<br />shall also be entitled to make any compromise or settlement
<br />in connection with such taking or damage, All such compensation,
<br />awards, damages, rights of actions and proceeds awarded to
<br />Trllslor or aS$igned to Beneficiaries and Trustor agrees to
<br />execute such further assignments of the proceeds as Beneficiaries
<br />or Trustee may require.
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<br />b, ~intment of Successor Trustee: Beneficiaries
<br />may, from tlme~totCli!;e-:-.by---wrrtCen Instrument executed and
<br />acknowledged by Beneficiaries, mailed to Trustor and recorded
<br />in the CO!,!flty in which the Trust: Estat(:. is located} and by
<br />otherwise complying with the provisions of the applicable
<br />law of the State of Nebraska substitute a successor or successors
<br />to the Trustee named herein or acting herein.
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<br />Successors and Assiens: This Deed of Trust applies
<br />to, inures--to-tbe-beneTIt of and binds all parties hereto,
<br />their heirs, legatees, devisees, personal representatives,
<br />successors ~ and assigns, The term I'Benefic.iariesll shall mean
<br />the owners and holders of the Note. whether or not named as
<br />Beneficiary herein.
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<br />8, jmprovements and Inspections: Trustor shall be allowed
<br />[0 maKe major renovations to the Trust Estate and it is contemplated
<br />by all parties hereto that Trustor vlill commence the constructlon
<br />of improvements and repairs La the Trust Estate as soon as
<br />he takes possession. All repairs and improvements shall be
<br />paid for by the Trustor. and he will not allow any valid con-
<br />~truction liens to be filed against ttlC Trusl Est~te. Beneficiaries~
<br />or their agents, representatives or workmen, are authorized
<br />to enter at any reasonable time the '[rust Estate for the purpose
<br />of inspecting and for the puepose of performing nny or the
<br />{jet.s th,e~:r' are Rutborized to perform under the terms of the
<br />Note and Deed of Trust.. Belleficiaries shall e obli led
<br />to give Trust0T at least 48 hours advanced n~ ice Dr to
<br />f:.~ntry unless an emt..~rg~ncy situati.on requires mmed"tat(' {'ntry_
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