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2000 1223 <br />default rate provided in the Note. <br />5. 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 condemnation proceeding, or in any other <br />manner including deed in lieu of Condemnation ( "Condemnation "), or should Trustor receive any <br />notice or other information regarding such proceeding, Trustor shall give prompt written notice <br />thereof to Beneficiary. Beneficiary shall be entitled to the extent of beneficiary's interest in the <br />subject real estate, to all compensation, awards and other payments or relief therefor, and shall be <br />entitled at its option to commence, appear in and prosecute in its own name any action or <br />proceedings. Beneficiary shall also be entitled to make any compromise or settlement in connection <br />with such taking or damage. All such compensation, awards, damages, rights or action and proceeds <br />awarded to Trustor (the "Proceeds ") are hereby assigned to Beneficiary and Trustor agrees to execute <br />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 <br />the County in which the Trust Estate is located and by otherwise complying with the provisions of <br />the applicable law of the State of Nebraska substitute a successor or successors to the Trustee named <br />herein 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 <br />as 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 <br />the same and for the purpose of performing any of the acts it is authorized to perform under the terms <br />of any 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, condition, <br />provision, representation or warranty contained in any of the Loan Instruments. <br />10. ACCELERATION UPON DEFAULT, ADDITIONAL REMEDIES. Beneficiary shall <br />give notice to Trustor prior to acceleration following Trustor's breach of any covenant or agreement <br />in this Deed of Trust unless applicable law provides otherwise. The notice shall specify: (a) the <br />default; (b) the action required to cure the default; (c) a date, not less than thirty (30) days from the <br />3 <br />