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<br />'200710413 <br /> <br />other information regarding such proceeding, Trustor shall give prompt written notice thereof to <br />Beneficiary. Trustor shall be entitled to all compensation, awards and other payments or relief <br />thereof and shall be entitled at its option to commence, appear in and prosecute in its own name <br />any action or proceedings. Trustor shall also be entitled to make any compromise or settlement <br />in connection with such taking or damage. <br /> <br />6. Appointment of Successor Trustee. Beneficiary may, from time to time, by a <br />written instrument executed and acknowledged by Beneficiary, mailed to Trustor and recorded in <br />the County in which the Trust Estate is located and by otherwise complying with the provisions of <br />the applicable law of the State of Nebraska substitute a successor or successors to the Trustee <br />named herein or acting hereunder. <br /> <br />7. Successors and Assigns. This Second Deed of Trust applies to, inures to the <br />benefit of and binds all parties hereto, their heirs, legatees, devisees, personal representatives, <br />successors and assigns, The term "Beneficiary" shall mean the owner and holder of any <br />promissory note given to beneficiary. <br /> <br />8. Merger, Consolidation, Sales or Leases. Trustor covenants that Trustor will <br />not sell, lease or otherwise dispose of any of the Trust Estate. In the event that Trustor sells, <br />leases or otherwise disposes of any part of the Trust Estate, Beneficiary may at its option declare <br />the Indebtedness secured hereby immediately due and payable, whether or not any default <br />exists. Beneficiary shall consent to a transfer of the Trust Estate to a third party to the extent <br />such third party meets the requirements contained in, and assumes the obligations set forth in the <br />First Deed of Trust. The covenants contained herein shall run with the Property and shall remain <br />in full force and effect until the Indebtedness is paid in full. <br /> <br />9. Events of Default. Any of the following events shall be deemed an event of <br />default hereunder: <br /> <br />(a) default shall be made in the payment of the Indebtedness or any other <br />sum secured hereby when due; or <br /> <br />(b) Trustor shall perform any act in bankruptcy; or <br /> <br />(c) a court of competent jurisdiction shall enter an order, judgment or decree <br />approving a petition filed against Trustor seeking any reorganization, dissolution or <br />similar relief under any present or future federal, state or other statute, law or regulation <br />relating to bankruptcy, insolvency or other relief for debtors, and such order, judgment or <br />decree shall remain unvacated and unstayed for an aggregate of sixty (60) days (whether <br />or not consecutive) from the first date of entry thereof; or any trustee, receiver or <br />liquidator or Trustor or of all or any part of the Trust Estate, or of any or all of the <br />royalties, revenues, rents, issues or profits thereof, shall be appointed without the <br />consent or acquiescence of Trustor and such appointment shall remain unvacated and <br />unstayed for an aggregate of sixty (60) days (whether or not consecutive); or <br /> <br />(d) a writ of execution or attachment of any similar process shall be entered <br />against Trustor which shall become a lien on the Trust Estate or any portion thereof or <br />interest therein and such execution, attachment or similar process of judgment is not <br />released. bonded, satisfied, vacated or stayed within sixty (60) days after its entry or levy; <br />or <br /> <br />(e) there has occurred a breach of or default under any term, covenant, <br />agreement. condition, provision. representation or warranty contained in the First Deed of <br />Trust or any prior deed of trust or mortgage affecting the Trust Estate. <br />