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- 99 111505
<br /> 6. EMINENT DOMAIN. Should the Trust Estate, or any part thereof
<br /> or interest therein, be taken or damaged by reason of any public
<br /> improvement or condemnation proceeding, or in any other manner
<br /> including deed in lieu of Condemnation ("Condemnation") , or should
<br /> Trustor receive any notice or other information regarding such
<br /> proceeding, Trustor shall give prompt written notice thereof to
<br /> Beneficiary. Beneficiary shall be entitled to all compensation, awards
<br /> and other payments or relief therefor, and shall be entitled at its
<br /> option to commence, appear in and prosecute in its own name any action
<br /> or proceedings. Beneficiary shall also be entitled to make any
<br /> compromise or settlement in connection with such taking or damage. All
<br /> such compensation, awards, damages, rights or action and proceeds
<br /> awarded to Trustor (the "Proceeds") are hereby assigned to Beneficiary
<br /> and Trustor agrees to execute such further assignments of the Proceeds
<br /> as Beneficiary or Trustee may require.
<br /> 7. APPOINTMENT OF SUCCESSOR TRUSTEE. Beneficiary may, from time
<br /> to time, by a written instrument executed and acknowledged by
<br /> Beneficiary, mailed to Trustor and Recorded in the County in which the
<br /> Trust Estate is located and by otherwise complying with the provisions
<br /> of the applicable law of the State of Nebraska substitute a successor
<br /> or successors to the Trustee named herein or acting hereunder.
<br /> 8. SUCCESSORS AND ASSIGNS. This Deed of Trust applies to,
<br /> inures to the benefit of and binds all parties hereto, their heirs,
<br /> legatees, devisees, personal representatives, successors and assigns.
<br /> The term "Beneficiary" shall mean the owner and holder of the Note,
<br /> whether or not named as Beneficiary herein.
<br /> 9. INSPECTIONS. Beneficiary, or its agents, representatives or
<br /> workmen, are authorized to enter at any reasonable time upon or in any
<br /> part of the Trust Estate for the purpose of inspecting the same and for
<br /> the purpose of performing any of the acts it is authorized to perform
<br /> under the terms of any of the Loan Instruments.
<br /> 10. EVENTS OF DEFAULT. Any of the following events shall be
<br /> deemed an event of default hereunder.
<br /> (a) Trustor shall have failed to make payment of any installment
<br /> of interest, princigal, or principal and interest or any other sum
<br /> secured hereby when due; or
<br /> (b) There has occurred a breach of or default under any term,
<br /> covenant, agreement, condition, provision, representation or warranty
<br /> contained in any of the Loan Instruments.
<br /> 11. 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 /> (i) Either in person or by agent, with or without bringing any
<br /> action or proceeding, or by a receiver appointed by a court and without
<br /> regard to the adequacy of its security, enter upon and take possession
<br /> of the Trust Estate, or any part thereof, in its own name or in the
<br /> name of Trustee, and do any acts which it deems necessary or desirable
<br /> to preserve the value, marketability or rentability of the Trust
<br /> Estate, or part thereof or interest therein, increase the income
<br /> therefrom or protect the security hereof and, with or without taking
<br /> possession of the Trust Estate, sue for or otherwise collect the rents,
<br /> issues and profits thereof, including those past due and unpaid, and
<br /> apply the same, less costs and expenses of operation and collection
<br /> including attorneys ' fees, upon any indebtedness secured hereby, all
<br /> in such order as Beneficiary may determine. The entering upon and
<br /> taking possession of the Trust Estate, the collection of such rents,
<br /> issues and profits and the application thereof as aforesaid, shall not
<br /> cure or waive any default or notice of default hereunder or invalidate
<br /> any act done in response to such default or pursuant to such notice of
<br /> default and, notwithstanding the continuance in possession of the Trust
<br />
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