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LAW OFFICES <br />SEILER, PARKER <br />& MONCRIEF, P.C. <br />726 EAST SIDE BLVD. <br />P.O. BOX 188 <br />HASTINGS, NE 68902 <br />(402) 463 -3125 <br />200011225 <br />to or demand upon Trustor and without releasing Trustor from any obligation, may make <br />or do the same in such manner and to such extent as either may deem necessary to <br />protect the security hereof. Trustor shall, immediately upon demand therefor by <br />Beneficiary, pay all costs and expenses incurred by Beneficiary in connection with the <br />exercise by Beneficiary of the foregoing rights, including without limitation costs of <br />evidence of title, court costs, appraisals, surveys and attorney's fees. Any such costs <br />and expenses not paid within Ten (10) days of written demand shall draw interest at the <br />default rate provided in the Note. <br />5. EMINENT DOMAIN. Should the Trust Estate, or any part thereof or interest <br />therein, be taken or damaged by reason of any public improvement or condemnation <br />proceeding, or in any other manner, including deed in lieu of condemnation <br />( "Condemnation "), or should Trustor receive any notice or other information regarding <br />such proceeding, Trustor shall give prompt written notice thereof to Beneficiary. <br />Beneficiary shall be entitled to all compensation, awards and other payments or relief <br />thereof, and shall be entitled at its option to commence, appear in and prosecute in its <br />own name any action or proceedings. Beneficiary shall also be entitled to make any <br />compromise or settlement in connection with such taking or damage. All such <br />compensation, awards, damages, rights of action and proceeds awarded to Trustor (the <br />"Proceeds") are hereby assigned to Beneficiary and Trustor agrees to execute such <br />further assignments of the Proceeds as 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 to <br />Trustor and recorded in the County in which the Trust Estate is located, and by otherwise <br />complying with the provisions of the applicable law of the State of Nebraska, substitute a <br />successor or successors to the Trustee named herein or acting hereunder. <br />7. S J - - FSSORS AND ASSIGNS. This Deed of Trust applies to, inures to the <br />benefit of and binds all parties hereto, their heirs, legatees, devisees, personal <br />representatives, successors and assigns. The term "Beneficiary' shall mean the owner <br />and holder of the Note, whether or not named as Beneficiary herein. <br />8. SALE OF SECURED PROPEL. It is hereby agreed between the <br />Beneficiary and Trustor, in the event that the Trustor shall sell the property then the Deed <br />of Trust and Promissory Note shall become due and payable immediately. <br />9. IN; J?ECTIONS. Beneficiary, or its agents, representatives or workmen, are <br />authorized to enter at any reasonable time upon or in any part of the Trust Estate for the <br />purpose of inspecting the same and for the purpose of performing any of the acts it is <br />authorized to perform under the terms of any of the Loan Instruments. <br />3 <br />