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200209642 <br />obligation, may make or do the same in such manner and to such extent as either may deem <br />necessary to 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 exercise <br />by beneficiary of the foregoing rights, including without limitation costs of evidence of title, court <br />costs, appraisals, surveys and attorney's fees. Any such costs and expenses not paid within ten <br />(10) days of written demand shall draw interest at the default rate provided in the Note. <br />5. EMINENT DOMAIN. Should the Trust Estate, or any part thereof or interest therein, be <br />taken or damaged by reason of any public improvement or condemnation proceeding, or in any <br />other manner including deed in lieu of Condemnation ( "Condemnation "), or should Truster <br />receive any notice or other information regarding such proceeding, Truster shall give prompt <br />written notice thereof to Beneficiary. Beneficiary shall be entitled to all compensation, awards <br />and other payments or relief therefor, and shall be entitled at its option to commence, appear in <br />and prosecute in its own name any action or proceedings. Beneficiary shall also be entitled to <br />make any compromise or settlement in connection with such taking or damage. All such <br />compensation, awards, damages, rights of action and proceeds awarded to Truster (the <br />"Proceeds ") are hereby assigned to Beneficiary and Truster agrees to execute such further <br />assignments of the Proceeds as Beneficiary or Trust may require. <br />6. FUTURE ADVANCES. Upon request of Trustor, Beneficiary, at Beneficiary's option, prior <br />to reconveyance of the Property to Truster, may make future advances to Trustor. Such future <br />advances, with interest thereon, shall be secured by this Deed of Trust when evidenced by <br />promissory notes stating that said notes are secured hereby. <br />7. APPOINTMENT OF SUCCESSOR TRUSTEE. Beneficiary may, from time to time, by <br />written instrument executed and acknowledged by Beneficiary, mailed to Truster and Recorded <br />in the County in which the Trust Estate is located and by otherwise complying with the <br />provisions of the applicable law of the State of Nebraska substitute a successor or successors to <br />the Trustee named herein or acting hereunder. <br />S. SUCCESSORS AND ASSIGNS. This Deed of Trust applies to, inures to the benefit of and <br />binds all parties hereto, their heirs, legatees, devisees, personal representatives, successors and <br />assigns. The term "Beneficiary" shall mean the owner and holder of the Note, whether or not <br />named as Beneficiary herein. <br />9. INSPECTIONS. Beneficiary, or its agents, representatives or workmen, are authorized to <br />enter at any reasonable time upon or in any part of the Trust Estate for the purpose of inspecting <br />the same and for the purpose of performing any of the acts it is authorized to perform under the <br />terms of the Loan Instruments. <br />10. TRUSTOR NOT RELEASED; FORBEARANCE BY BENEFICIARY NOT A <br />WAIVER. Extension of time for payment or modification of amortization of the sums secured <br />by this Security Instrument granted by Beneficiary to any successor in interest of Trustor shall <br />not operate to release the liability of the original Trustor or Truster's successors in interest. <br />Beneficiary shall not be required to commence proceedings against any successor in interest or <br />refuse to extend time for payment or otherwise modify amortization of the sums secured by this <br />Security Instrument by reason of any demand made by the original Trustor or Truster's <br />successors in interest. Any forbearance by Beneficiary in exercising any right or remedy shall not <br />be a waiver of or preclude the exercise of any right or remedy. <br />11. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN TRUSTOR. <br />If all or any pact of the Property or any interest in it is sold or transferred (or if a beneficial <br />interest in Trustor is sold or transferred and Trustor is not a natural person) without Beneficiary's <br />prior written consent, Beneficiary may, at its option, require immediate payment in full of all <br />sums secured by this Security Instrument, however, this option shall not be exercised by <br />Beneficiary if exercise is prohibited by federal law as of the date of this Security Instrument. If <br />Beneficiary exercises this option, Beneficiary shall give Trustor notice of acceleration. The notice <br />shall provide a period of not less than 30 days from the date the notice is delivered or mailed <br />within which the Trustor must pay all sums secured by the Security Instrument. If Trustor fails <br />to pay these sums prior to the expiration of this period, Beneficiary may invoke any remedies <br />