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SEILER & PARKER P.e., L.L.O. LAW OFFICES 726 EAST SIDE BL YD. P.O. BOX 1288 HASTINGS, NE 68902 (402) 463,3125 200902394 5. E~~INENT DOMAIN. 5 hould 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 Beneficiary. Beneficiary shall be entitled to all compensation, awards and other payments or relief thereof, and shall be entitled at its option to commence, appear in and prosecute in its own name any action or proceedings. Beneficiary 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 "P roceeds") are hereby assigned to Beneficiary and Trustor agrees to eXecute such further assignments ofthe Proceeds as Beneficiary or Trustee may require. 6. APPOINTMENT OF SUCCESSOR TRUSTEE. Beneficiary may, from time to time, by a written instrument executed and acknowledged by Beneficiary, mailed to Trustor and recorded in the County in which the Trust E state is located, and by otherwise complying with the provisions ofthe applicable law of the State of Nebraska, substitute a successor or successors to the Trustee named herein or acting hereunder. 7. SIICCESSORS 4.ND ,ASSIGNS. This Deed of Trust applies to, inures to the benefit of and binds all parties hereto, their heirs, legatees, devisees, personal representatives, successors and assigns. The term "Beneficiary" shall mean the owner and holder ofthe Note, whether or not named as Beneficiary herein. 8. SALE OF SECURED PROPERTY. It is hereby agreed between the Beneficiary and Trustor, in the event that the Trustor shall sell the property then the Deed of Trust and Promissory Note shall become due and payable immediately. 9. INSPECTIONS. Beneficiary, or its agents, representatives or workmen, 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 ofthe Loan Instruments. 10. EVENTS OF DEFAULT. Any of the following events shall be deemed an event of default hereunder: (a) Trustor shall have failed to make payment of any installment of interest, principal, or principal and interest or any other sum secured hereby when due; or (b) There has occurred a breach of or default under any term, covenant, agreement, condition, provision, representation or warranty contained in any of the Loan Instruments or in any mortgage or security instrument which is superior to this Deed of Trust upon the Property. 11. ADDITIONAL EVENTS OF DEFAULT; TRANSFER OF PROPERTY. Ifall or any part of the Property or any interest therein is sold or transferred by Trustors without Beneficiary's prior written consent, excluding (a) the creation of a lien or encumbrance subordinate to this Deed of Trust, (b) the creation of a purchase security interest for household appliances (c) a transfer by devise, descent or by operation of law upon the death of a joint tenant or (d) the grant of any leasehold interest of three