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2O1OU'719G
<br />manner and to such extent as either may deem necessary to protect the security hereof. Trustor shall,
<br />immediately upon demand therefor by Beneficiary, pay all costs and expenses incurred by Beneficiary in
<br />connection with the exercise by Beneficiary of the foregoing rights, including without limitation costs of
<br />evidence of title, court costs, appraisals, surveys and attorney's fees. Any such costs and expenses not
<br />paid within ten (10) days of written demand shall draw interest at the default rate provided in the Note.
<br />S. 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 condezxmation proceeding, or in any other
<br />manner including deed in lieu of condemnation ("Condemnation"), or should Trustor receive any notice
<br />or other information regarding such proceeding, Trustor shall give prompt written notice thereof to
<br />Beneficiary. Beneficiary shall be entitled to all compensation, awards and other payments or relief
<br />therefor, and shall be entitled at its option to commence, appear in and prosecute in its own name any
<br />action or proceedings. Beneficiary shall also be entitled to make any compromise or settlement in
<br />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
<br />execute such further assignments of the Proceeds as Beneficiary or Trustee may require.
<br />6. APPOINTMENT OF SUCCESSOR TRUSTEE. Beneficiary may, from time to time, by
<br />a written instrument executed and acknowledged by Beneficiary, mailed to Trustor and Recorded in the
<br />County in which the Trust Estate is located and by otherwise complying with the provisions of the
<br />applicable law of the State of Nebraska substitute a successor or successors to the Trustee named herein
<br />or acting hereunder.
<br />7. SUCCESSORS AND ASSIGNS. This Deed of~Trust applies to, inures to the benefit of
<br />and binds all parties hereto, their heirs, legatees, devisees, personal representatives, successors and
<br />assigns. The term "Beneficiary" shall mean the owner and holder of the Note, whether or not named as
<br />Beneficiary herein.
<br />8. INSPECTIONS. Beneficiary, or its agents, representatives or workmen, are authorized
<br />to enter at any reasonable time upon or in any part of the Trust Estate for the purpose of inspecting the
<br />same and for the purpose of performing any of the acts it is authorized to perform under the terms of any
<br />of the Loan Instruments.
<br />9. EVENTS OF DEFAULT. Any of the following events shall be deemed an event of
<br />default hereunder:
<br />(a) Trustor shall have failed to make payment of any installment of interest, principal, or
<br />principal and interest or any other sum secured hereby when due; or
<br />(b) There has occurred a breach of or default under any term, covenant, agreement,
<br />condition, provision, representation or warranty contained in any of the Loan Instruments.
<br />l0. ACCELERATION UPON DEFAULT, ADDITIONAL REMEDIES. Should an event of
<br />default occur Beneficiary may declare all indebtedness secured hereby to be due and payable and the
<br />same shall thereupon become due and payable without any presentment, demand, protest or notice of any
<br />kind. Thereafter Beneficiary may:
<br />(i) Either in person or by agent, with or without bringing any action or proceeding, or by a
<br />receiver appointed by a court and without regard to the adequacy of its security; enter upon and take
<br />possession of the Trust Estate, or any part thereof, in its own name or in the name of Trustee, and do any
<br />acts which it deems necessary or desirable to preserve the value, marketability or rentability of the Trust
<br />Estate, or part thereof or interest therein, increase the income therefrom or protect the security hereof
<br />and, with or without. taking possession of the Trust Estate, sue for or otherwise collect the rents, issues
<br />and profits thereof, including those past due and unpaid, and apply the same, less costs and expenses of
<br />operation and collection including attorney's fees, upon any indebtedness secured hereby, all in such
<br />order as Beneficiary may determine. The entering upon and taking possession of the Trust Estate, the
<br />collection of such rents, issues and profits and the application thereof as aforesaid, shall not cure or
<br />waive any default or notice of default hereunder or invalidate any act done in response to such default or
<br />pursuant to such notice of default and, notwithstanding the continuance in possession of the Trust Estate
<br />or the collection, receipt and application of rents, issues or profits, Trustee or Beneficiary shall be
<br />entitled to exercise every right provided for in any of the Laan Instruments or by law upon occurrence of
<br />any event of default, including the right to exercise the power of sale;
<br />(ii) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver, or
<br />specifically enforce any of the covenants hereof;
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