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<br />201004539
<br />same or to perform any acts authorized herein or in any agreement or loan agreement between Trustor and
<br />Beneficiary.
<br />(4) In the event Trustor fails to pay any liens, judgments, assessments, taxes, rents, fees or
<br />charges or maintain any insurance on the property, buildings, frxtures or improvements as provided herein
<br />or in the loan agreement, Beneficiary may, at its option, make such payments or provide insurance,
<br />maintenance or repairs and any amounts paid therefore shall become part of the principal indebtedness
<br />secured hereby, be immediately due and payable and bear interest from the date of payment at the rate of
<br />sixteen percent (16%) per annum. The advancement by Beneficiary of any such amounts shall in no
<br />manner limit the right of Beneficiary to declare Trustar in default or exercise any of the Beneficiary's
<br />other rights and remedies.
<br />(5) In the event Beneficiary is a party to any litigation affecting the security or the lien of this
<br />Trust Deed, including any acrion by Beneficiary to enforce this Trust Deed ar any suit in which
<br />Beneficiary is named a defendant (including condemnation and bankruptcy proceedings), Beneficiary may
<br />incur expenses and advance payments for abstract fees, attorney fees, costs, expenses, appraisal fees and
<br />other charges and any amounts so advanced shall became part of the principal indebtedness secured
<br />hereby, be immediately due and payable and bear interest as provided in Paragraph (4) above.
<br />(6) Any awards made to Trustor or his successors by the exercise of eminent domain are hereby
<br />assigned to Beneficiary; and Beneficiary is hereby authorized to collect and apply the same in payment of
<br />any indebtedness, matured or un~tured, secured by this Trust Deed.
<br />(7) In the event Trustor defaults in the payment when due of any sums secured hereby (principal,
<br />interest, advancements, or protective advances), or fails to perform or observe any covenants and
<br />conditions contained herein ar in the note, or in the event that Trustor sells, conveys, assigns, or contracts
<br />for the sale, conveyance, or assignment of all or any part of the Trust Estate ar any proceeding is brought
<br />by or against Trustor under any bankruptcy laws, Beneficiary may, at its option, with or without notice,
<br />declare the entire indebtedness secured hereby to be immediately due and payable, and to bear interest at
<br />the rate of 16% per annum, unless a higher rate is provided for in the note, in which case the default rate
<br />shall be the higher of the rate provided in this Deed of Trust or the rate provided in the note, but in no
<br />event shall the default rate be higher than the amount allowed by law for this type of loan to this type of
<br />harrower, and Beneficiary may immediately authorize Trustee to exercise the Power of Sale granted
<br />herein in the manner provided in the Nebraska Trust Deeds Act, or, at the option of the Beneficiary, may
<br />foreclose the Trust Deed in the manner provided by law far the foreclosure of mortgages on real property,
<br />and in either event, Beneficiary shall be entitled to the appointment of a receiver upon ex pane
<br />application, notice being hereby expressly waived, band of applicant and bond of receiver being hereby
<br />expressly waived, without regard to the value of the property or the sufficiency thereof to discharge the
<br />indebtedness hereby secured. Trustar does hereby agree to be personally bound to pay the unpaid balance,
<br />and Beneficiary shall be entitled to a deficiency judgment.
<br />(S) Should Beneficiary elect to exercise the Fower of Sale granted herein, Beneficiary shall
<br />notify the Trustee who shall record, publish and serve, mail or deliver to Trustar, or to Trustor's address
<br />as set Earth above, such Notice of Default and Notice of Sale as then required by law and shall in the
<br />manner provided by law sell the Trust Estate at the time and place of sale fixed in the Notice of Sale, as
<br />may by postponed or changed as provided by law, either as a whale ar in separate lots, parcels or items
<br />and in such order as the Trustee shall deem expedient. Any person may bid at the sale, including Trustor,
<br />Trustee or Beneficiary.
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