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<br /> 4. ACTION3 AFF�CTING TRUST ESTAT Truetor shall appear�n and conteet
<br /> any action or proceeding purporting to affect the security hereof or the
<br /> rights or powers of Beneficiary or Truatee, and ahall pay all coets and
<br /> expenaee, including cost of evidence of title and attorney's fees, in any such
<br /> action or proceedinq in which Beneficiary or Truetee may appear. Should
<br /> Truetor fail to make any payment or to do any act ae and in the manner
<br /> provided in any of the Loan Inetruments, Beneficiary and/or Truatee, each in
<br /> its own discretion, without obliqation, may make or do the ssme in such manner
<br /> and to euch extent as either may deem necessary to protect the security
<br /> hereof. Trustor shall, immediately upon demand therefor by Beneficiary, pay
<br /> all coste and expenaee incurred by Beneficiary in connection with the exercise
<br /> by Beneficiary of the foregoinq righte, including, without limitation, coste
<br /> of evidence of title, court coate, appraisale, eurveys and attorney's feea.
<br /> Any euch costs and �xpenses not paid within ten (10) days of written demand
<br /> ehall draw interest at the default rate provided in the Note.
<br /> 5. EMiNENT DOMAiN. Should the Truet Eetate, or any part thereof or
<br /> interest therein, be taken or damaqed by reason of any public improvement or
<br /> condemnation proceedinq, or in aay other manner includinq deed ia lieu of
<br /> Condemnation (^Condemnation"), or ahould Truetor receive any notice or othar
<br /> information reqardinq such proceedinq, Trustor ahall qive prompt written
<br /> notice thereof to Beneficiary. Beneficiary ehall be entitled to all
<br /> compensation awards and other paymente or relief therefor, and shall be
<br /> entitled to make any compromiee or settlement in connection with euch takinq
<br /> or d�unage. All such compensation, awarde, damages, righte of action and
<br /> proceede awarded to Trustor (the "Proceede") are hereby asaigned to
<br /> Beneficiaryj and Truator aqrees to execute such further assiqnmente of the
<br /> Proceede ae Beneficiary or Trustee may require.
<br /> 6. APPOINTMENT OF SUCCESSOR TRUSTEE Beneficiary may, from time to
<br /> time, by a written instrument executed and acknowledged by Beneficiary, mailed
<br /> to Truetor and recorded in the County in which the Truet Estate is located and
<br /> by otherwiee complying with the provieiona of the applicable law of the State
<br /> of Nebraska subatitute a succeeaor or succeasors to the Truatee named herein
<br /> or actinq hereunder.
<br /> 7. SUCCESSOR3 AND ASSIGNS Thia Deed of Truat applies to, inures to
<br /> the benefit of and binds all partiea hereto, their heire, legatees, devisees,
<br /> pereonal representatives, auccessore and assigns. The term "Beneficiary"
<br /> shall mean the owner and holder of the Note, whether or not named as
<br /> Beneficiary herein.
<br /> 8. INSPECTIONS. Beneficiary, or its agenta, representatives or
<br /> workmen, are authorized to enter at any reasonable time upon or in any part of
<br /> the Trustee Lstate for the purpose of inspecting the same and for the purpoee
<br /> of performing any of the acts it is suthorized to perform under the terma of
<br /> any of the Loan Inetruments.
<br /> 9. EVENTS OF DI�FAULT. Any of the following evente ehall be deemed an
<br /> event of default hereunder:
<br /> (a) Truetor shall have failed to make payment of any inetallment of
<br /> interest, principal, or principal and interest or any other sum secured hereby
<br /> when duej or,
<br /> (b) There has occurred a breach of default under any term, covenant,
<br /> agreement, condition, provisfon, repreeentation, or warranty contained in any
<br /> of the Loan Inatruments.
<br /> 10. ACCELERATION UPON DEFAULT ADDITIONAL REMEDIES Should an event of
<br /> default occur, Beneficiary may declare all indebtedness secured hereby to be
<br /> due and payable, and the same ehall thereupon become due and payable without
<br /> any presentment, demand, protest, or notice of any kind. Thereafter the
<br /> Beneficiary may:
<br /> (a) Either in pereon or by agent, with or without bringing any action
<br /> or proceedinq, or by a receiver appointed by a Court and without regard to the
<br /> adequacy of its security, enter upon and take possession of the Truet Eetate,
<br /> or any part thereof, in its own name or in the name of Truatee, and do any
<br /> acte which it deeme neceaeary or desirable to preserve the value,
<br /> marketability or rentability of the Truat Estate, or part thereof or interest
<br /> therein, increase the income therefrom or protect the aecurity hereof, and
<br /> with or without taking poesession of the Trust Estate, sue for or otherwiae
<br /> collect the rents, issuea and profits thereof, includinq those past due and
<br /> unpaid, and apply the same, less costa and expenaes of operation and
<br /> collection, including attorney�s fees, upon any indebtednesa secured hereby,
<br /> all in euch order as Beneficiary may determine. The entering upon and takinq
<br /> posseesion of the Trust Estate, the collection of such rente, iesuee and
<br /> profita and the application thereof as aforesaid, shall not cure or waive any
<br /> default or notice of default hereunder or invalidate any act done in reaponae
<br /> to euch default or pursuant to such notice of default and, notwithstanding the
<br /> continuance in posseasfon of the Trust Lstate or the collection, receipt and
<br /> application of rents, iseues or profits, Trustee or Beneficiary shall be
<br /> entitled to exeraiae every riqht provided fox in any of the Loan Instxumente
<br /> or by law upoa oaourr�no• o! aay �vsnt of d��auit, inoludinq th� riqht to
<br /> exercise the power of sale;
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