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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; <br />