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<br />201143�2�
<br />appear. Should Trustor fail to make any payment or to do any act as and in the manner provided
<br />in any of the Loan Instruments, Beneficiary and or Trustee, each in its own discretion, without
<br />obligation, may make or do the same in such manner and to such extent as either may deem
<br />necessary to protect the security hereof. Trustor shall, immediately upon demand therefore by
<br />Beneficiary, pay all costs and expenses incurred by Beneficiary in connection with the exercise
<br />by Beneficiary of the foregoing rights, including, without limitation, costs of evidence of title,
<br />court costs, appraisals, surveys and attomey's fees. Any such costs and expenses not paid within
<br />ten (10) days of written demand shall draw interest at the default rate provided in the Note.
<br />4. EMINENT DOMAIN. Should the Trust Estate, or any part thereof or interest
<br />therein, be talcen or damaged by reason of any public improvement or condemnation proceeding,
<br />or in any other manner including deed in lieu of Condemnation ("Condemnation"), or should
<br />Trustor receive any notice or other information regarding such proceeding, Trustor shali give
<br />prompt written notice thereof to Beneficiary. Beneficiary shall be entitled to all compensation
<br />and condemnation awards and other payments or relief therefore, and shall be entitled to make
<br />any compromise or settlement in connection with such taking or damage. All such compensation
<br />and condemnation, awards, damages, rights of acrion and proceeds awarded to Trustor (the
<br />"Proceeds") are hereby assigned to Beneficiary; and Trustor agrees to execute such fiuther
<br />assignments of the Proceeds as Beneficiary or Trustee may require.
<br />5. APPOINTMENT OF SUCCESSOR TRUSTEE. Beneficiary may, from time to
<br />time, by a written instrument executed and acknowledged by Beneficiary, mailed to Trustor and
<br />recorded in the County in which the Trust Estate is located and by otherwise complying with the
<br />provisions of the applicable law of the State of Nebraska substitute a successor or successors to
<br />the Trustee named herein or acting hereunder.
<br />6. SUCCESSORS AND ASSIGNS. This Deed of Trust applies to, inures to the
<br />benefit of and binds all parties hereto, their heirs, legatees, devisees, personal representarives,
<br />successors and assigas. The term "Beneficiar}�' shall mean the owner and holder of the Note,
<br />whether or not named as Beneficiary herein.
<br />7. INSPECTIONS. Beneficiary, or its agents, representatives or workmen, are
<br />authorized to enter at any reasonable time upon or in any part of the Trust Estaxe for the purpose
<br />of inspecring the same and for the purpose of perfornung any of the acts it is authorized to
<br />perform under the terms of any of the Loan Instruments.
<br />8. EVENTS OF DEFAULT. Any of the following events shall be deemed an event
<br />of default hereunder:
<br />(a) Trustor shall have failed to make payment of any installment of interest,
<br />principal, or principal and interest or any other sum secured hereby when due; or
<br />(b) There has occurred a breach or default under any term, covenant, agreement,
<br />condition, provision, representarion, or warranty contained in any of the Loan Instruments.
<br />9. ACCELERATION UPON DEFAiTLT, ADDITIONAL REMEDIES. Should
<br />an event of default occur, Beneficiary shall give written notice to Trustor specifying the default,
<br />the action required to cure the default, a date not less than 60 days from the date of the notice by
<br />which the default must be cured, and that failure to cure the default on or before the specified
<br />date may result in acceleration of the entire sum secured by this Deed of Trust and resale of the
<br />property. Thereafter, the Beneficiary may:
<br />(a) Either in person or by agent, with or without bringing any action or proceeding, or
<br />by a receiver appointed by a Court and without regard to the adequacy of its security, enter upon
<br />and take possession of the Trust Estate, or any part thereof, in its own name or in the name of
<br />Trustee, and do any acts which it deems necessary or desirable to preserve the value,
<br />marketability or rentability of the Trust Estate, or part thereof or interest therein, increase the
<br />income therefrom or protect the security hereof, and with or without taking possession of the
<br />Trust Estate, sue for or otherwise collect the rents, issues and profits thereof, including those past
<br />due and unpaid, and apply the same, less costs and expenses of operation and collection,
<br />including attorney's fees, upon any indebtedness secured hereby, all in such order as Beneficiary
<br />may determine. The entering upon and taking possession of the Trust Estate, the collection of
<br />such rents, issues and profits and the application thereof as aforesaid, shall not cure or waive any
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