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1 r 89--1 00858 appralsnls, 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. 5. Further Financing. Trustor shall not diracily-.ar indirectly mortgage, pledge or otherwise encumber th4 Tisist Estate or assign or attempt to assign the rents and profits from tine -Trust Estate, to any person or party other than Francis Maul and Maxine Moul to secure obligations to them incurred by Trustor in connection with the December 15, 1989, Stock Purchase Agreement and related documents or the Bene ficiary. 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 Condemnation ( "C�emnation"), or should Trustor receive any. notice or other information regarding such proceeding, Trustor shall give prompt written notice thereof to Beneficiary. Beneficiary shall be entitled to all compensation, awards and other payments or relief therefor, and shall be 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 recpiire. 7. AOpointme3st of Successor Trustee. Beneficiary may, from time to time,.Icy a written instrument executed and acknowl- edged by Beneficiary, mailed to Trustor and recorded in tNe County in which the? Trust Estate is located and try. ot%err';sse complying with the provisions of the applicable law cf. Elie State. of 'fUbraska, substitute a successor or successors to the Tru.stes named herein or acting hereunder. 8. Successors and Asmigns. 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 term "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- t�