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r• L ti 1 89--100857 appraisals, surveys and attorney's fees. Any such costs and expenses not paid within ten (10) days of written demand shall draw interest at the rate applicable to outstanding Advances (under and as defined in the aforementioned Loan Agreement) until repaid by the Trustor. Trustor shall not use or allow use of the Trust Estate for any unlawful purpose. Trustor agrees not to sell, transfer, lease, or further encumber the Trust Estate in any way without prior written approval of Beneficiary. S. Further Financing. Trustor shall n9t . directly...ar indirectly mortgage, pledge or otherwise entnber.. the ,moist Estate or assign -or attempt to assign the rent .profits":' rom the Trust Estate, to any person or party other `tLi '-Francis: ;ftul and Maxine Moul to secure obligations to them iizcsir d -by Tr4ist4r in connection with the December 15, 1998, Stack Putchas e. Agreement and related documents or the Beneficiary. 6. Eminent Domain. Should the Trust Estate, or any material part thereof or interest therein, be taken or damaged by reason of any public improvement or condemnation proceeding; or in any other manner including Deed in Lieu; of Coo demnation ( "Condesuation "), or should Trustor receive any riotico:or other information regarding such. proceeding, Trustor „shall give prompt written notice thereof' to Beneficiary. Beneficiary shall, be eiiti.tled to all com peneation, awards and other payments or relief therefor, and shalL-tce entitled at its option to commence, appear in and prosecute in' its own name any action or proceedings. Beneficiary shall also be entitled to make any compromise or settlement in connection with such taking or damage. All such compensation, awards, damages, rights of action and proceeds awarded to Trustor (the "Proceeds ") are hereby assigned to Beneficiary and Trustor agrees to execute such further assign- ments of the Proceeds as Beneficiary or Trustee may require. . 7. Appointmc=t of Successor Tinis ee. ° Beneficiary may, from time to time, by a written instrument executed and acknowl- edged by Beneficiary, mailed to Trustor and recorded in the County in which the Trust Estate is located and by otherwise complying with the provisions of the applicable law of the State of Nebraska, substitute a. successor or successors to the Trustee named herein or acting hereunder. 8. Successors and Ass_ . This Deed of Trust applies to, inures to the benefit of and binds all parties hereto, their heirs, legatees, devisees,, personal representatives, .successors and assigns. The tern.; "Beneficiary" shall mean the. owner and holder of the Obligations, whether or not named as Beneficiary herein. 9. Inspections. Beneficiary, or its agents, representa- tives or workmen, are authorized to enter at any reasonable time upon or in any part of the Trust Estate for the purpose of -4- • L