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g 9 10 '�0�'� 4. ACTIONS AFFECTING TRUST ESTATE. Trustor shall appear in and contest any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiaries or Trustee,and shall pay all costs and expenses,including cost of evidence of title and attorneys' fees, in any such action or proceeding in which Beneficiaries or Trustee may appear. Should Trustor fail to make any payment or to do any act as and in the manner provided in any of the Loan Instruments, Beneficiaries/Trustee, each in their own discretion, without obligation so to do,and without notice to or demand upon Trustor,and without releasing Trustor from any obligation,may make or do the same in such manner and to such extent as either may deem necessary to protect the security hereof. Trustor shall immediately upon demand therefor by Beneficiaries, pay all costs and expenses incurred by Beneficiaries in connection with the exercise by Beneficiaries of the foregoing rights,including without limitation costs of evidence of title, court costs, appraisals, surveys, and attorneys' fees. Any such costs and expenses not paid with ten(10) days of written demand shall draw interest at the default rate provided in the Note. 5. EMINENT DOMAIN. Should the Trust Estate, or any 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 ("Condemnation"), or should Trustor receive any notice or other information regarding such proceeding, Trustor shall give prompt written notice thereof to Beneficiaries. Beneficiaries shall be entitled to all compensation, awards, and other payments or relief therefore, and shall be entitled at its option to commence,appear in,and prosecute in its own name any action or proceedings. Beneficiaries 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 Beneficiaries;and Trustor agrees to execute such further assignments of the Proceeds as Beneficiaries or Trustee may require. 6. APPOINTMENT OF SUCCESSOR TRUSTEE. Beneficiaries may, from time to time,by a written instrument executed and acknowledged by Beneficiaries,mailed to Trustor and Recorded in the County in which the Trust Estate is located and by otherwise complying with the provisions of the applicable law of the State of Nebraska substitute a successor or successors to the Trustee named herein or acting hereunder. 7. SUCCESSORS AND ASSIGNS. The Trust Deed applies to,inures to the benefit of, and binds all parties hereto, their heirs, legatees, devisees, personal representatives, successors,and assigns. The term"Beneficiaries" shall mean the owner and holder of the Note, whether or not named as Beneficiaries herein. 8. INSPECTIONS. Beneficiaries, or Beneficiaries' agents, representatives, or employees,are authorized to enter at any reasonable time upon or in any part of the Trust Estate for the purpose of inspecting the same and for the purpose of performing any of the acts it is authorized to perform under the terms of any of the Loan Instruments. 3