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<br />200607227 <br /> <br />including deed in lieu of Condemnation ("Condemnation"), or should Trustor receive any notice or other <br />information regarding such proceeding, Trustor shall give prompt written notice thereof to Beneficiary. <br />Beneficiary shall be entitled to all compensation, awards and other payments or relief therefor and shall be <br />entitled at its option to commence, appear in and prosecute in its own name any action or proceedings. <br />Beneficiary shall also be entitled to make any compromise or settlement in connection with such taking or <br />damage. All such compensation, awards, damages, rights of action and proceeds awarded to Trustor (the <br />"Proceeds") arc hereby assigned to Beneficiary, and Trustor agrees to execute such further assignments of <br />the Proceeds as Beneficiary or Trustee may require. <br /> <br />6. Appointment of Successor Trustee. Beneficiary may, from time to time, by a written <br />instrument executed and acknowledged by Beneficiary, mailed to Trustor and recorded in the county in <br />which the Trust Estate is located, and by otherwise complying with the provisions ofthe applicable law of <br />the State of Nebraska, substitute a successor or successors to the Trustee named herein or acting hereunder. <br /> <br />7. Successors and Assigns. This Deed of Trust applies to, inures to the benefit of and binds <br />all parties hereto, their heirs, legatees, devisees, personal representatives, successors and assigns. The term <br />"Bencficiary" shall mean the owner and holder ofthe Note, whether or not named as Beneficiary herein. <br /> <br />8. Inspections. Beneficiary, or its agents, representatives or workmen, are authorized to enter <br />at any reasonable time upon or in any 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 under the terms of any of the Loan <br />Instruments. <br /> <br />9. <br />hcreunder: <br /> <br />Events of Default. Any of the following events shall be deemed an event of default <br /> <br />(a) Trustor shall have failed to make payment of any installment of interest, principal, or <br />principal and interest or any other sum secured hereby within five (5) days after the due date thereof; or <br /> <br />(b) There has occurred a breach of or default under any term, covenant, agreement, condition, <br />provision, representation or warranty contained in any of the Loan Instruments or any other agreement <br />between Trustor and Beneficiary; or <br /> <br />(c) Trustor sells or transfers all or any part of the Property or an interest therein without <br />Beneficiary's prior written consent, excluding (i) the creation of a lien or encumbrance subordinate to this <br />Deed of Trust, (ii) a transfer by devise, descent or operation of law upon the death of a joint tenant or (iii) <br />the grant of any leasehold interest of two years or less not containing an option to purchase. <br /> <br />10. Acceleration Upon Default. Additional Remedies. Should an event of default occur, <br />Beneficiary may declare all indebtedness secured hereby to be due and payable and the same shall thereupon <br />become due and payable without any prcscntment, demand, protest or notice of any kind. Thereafter, <br />Beneficiary may: <br /> <br />(a) Either in person or by agent, with or without bringing any action or proceeding, or by a <br />receiver appointed by a court and without regard to the adequacy of its security, enter upon and take <br />possession of the Trust Estate, or any part thereof, in its own name or in the name of Trustee, and do any acts <br />which it deems necessary or desirable to preserve the value, marketability or rentability of the Trust Estate, <br />or part thereof or interest therein, increase the income therefrom or protect the security hereof and, with or <br />without taking possession of the Trust Estate, sue for or otherwise collect the rents, issues and profits thereof, <br />including those past due and unpaid, and apply the same, less costs and expenses of operation and collection, <br /> <br />-3- <br />