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200402109 <br />deem necessary to protect the security hereof. Trustor shall, <br />immediately upon demand therefor by Beneficiary, pay all costs and <br />expenses incurred by Beneficiary in connection with the exercise by <br />Beneficiary of the foregoing rights, including without limitation costs <br />of evidence of title, court costs, appraisals, surveys and attorneys' fees. <br />Any such costs and expenses not paid within ten (10) days of written <br />demand shall draw interest at the default rate provided in the Note. <br />5. Eminent Domain. Should the Trust Estate, or any part <br />thereof or interest therein, be taken or damaged by reason of any <br />public improvement or condemnation proceeding, or in any other <br />manner including deed in lieu of Condemnation ( "Condemnation "), or <br />should Trustor receive any notice or other information regarding such <br />proceeding, Trustor shall give prompt written notice thereof to <br />Beneficiary. Trustor shall be entitled to all compensation, awards, and <br />other payments or relief therefor, and shall be entitled at its option to <br />commence, appear in and prosecute in its own name any action or <br />proceedings. Beneficiary shall also be entitled to make any <br />compromise or settlement in connection with such taking or damage. <br />All such compensation, awards, damages, rights of action, and <br />proceeds awarded to Trustor (the "Proceeds ") are hereby assigned to <br />Beneficiary and Trustor agrees to execute such further assignments of <br />the Proceeds as Beneficiary or Trustee may require. <br />6. Appointment of Successor Trustee. Beneficiary may, from <br />time to time, by a written instrument executed and acknowledged by <br />Beneficiary, mailed to Trustor and recorded in the County in which <br />the Trust Estate is located and by otherwise complying with the <br />provisions of the applicable law of the State of Nebraska substitute a <br />successor or successors to the Trustee named herein or acting <br />hereunder. <br />7. Successors and Assigns. This Deed of Trust applies to, inures <br />to the benefit of and binds all parties hereto, their heirs, legatees, <br />devisees, personal representatives, successors and assigns. The term <br />"Beneficiary" shall mean the owner and holder of the Note, whether <br />or not named as Beneficiary herein. <br />8. Inspections. Beneficiary, or its agents, representatives or <br />workmen, are authorized to enter at any reasonable time upon or in <br />any part of the Trust Estate for the purpose of inspecting the same <br />and for the purpose of performing any of the acts it is authorized to <br />perform under the terms of any of the Loan Instruments. <br />9. Events of Default. Any of the following events shall be <br />deemed an event of default hereunder: <br />3 <br />