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99- 1(�3612 <br /> 3 <br /> Agreement. Grantor's obligation to reimburse Trustee or Beneficiary for <br /> said costs is contingent upon Grantor's receipt of invoices evidencing such <br /> costs incurred by the Beneficiary or Trustee. <br /> 3. Eminent Domain. As set forth in Sections 2.5 and 2.6 of <br /> Exhibit C attached hereto. <br /> 4. Anpointment of Successor Trustee. Beneficiary may, from <br /> time to time, by a written instrument executed and acknowledged by <br /> Beneficiary, mailed to Grantor and recorded in the county in which the <br /> 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 <br /> successors to the Trustee named herein or acting hereunder. <br /> 5. Successors and Assi�. This Leasehold Deed of Trust <br /> applies to, inures to the benefit of, and binds all parties hereto, their <br /> heirs, legatees, devisees, personal representatives, successors, and <br /> assigns. The term "Beneficiary" shall mean the owner and holder of the <br /> Notes, whether or not named as Beneficiary herein. <br /> 6. Inspections. Beneficiary, or its agents, representatives, or <br /> workmen, is authorized to enter at any reasonable time upon or in any <br /> part of the Trust Estate upon reasonable notice to Grantor for the purpose <br /> of inspecting the same and for the purpose of performing any of the acts it <br /> is authorized to perform under the terms of any of the Loan Documents. <br /> 7. Acceleration Upon Default, Additional Remedies. Should an <br /> Event of Default occur, Beneficiary may declare all indebtedness secured <br /> hereby to be due and payable and the same shall thereupon become due <br /> and payable without any presentment, demand, protest, or notice of any <br /> kind. Thereafter, Beneficiary may: <br /> (a) Either in person or by agent, with or without bringing <br /> any action or proceeding, or by a receiver appointed by <br /> a court and without regard to the adequacy of its <br /> security, enter upon, and take possession of the Trust <br /> Estate, or any part thereof, in its own name or in the <br /> name of Trustee, and do any acts which it deems <br /> necessary or desirable to preserve the value, <br /> marketability, or rentability of the Trust Estate, or <br /> part thereof or interest therein, increase the income <br /> therefrom, or protect the security hereof and, with or <br /> without taking possession of the Trust Estate, sue for <br /> or otherwise collect the rents, issues, and profits <br /> thereof, including those past due and unpaid, and apply <br /> BUSDOCS:721711.1 <br />