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~oo~o4s2s 3. ACTIONS AFFECTING TRUST ESTATE. Trustor shall appear in and contest any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee, and shall pay all costs and expenses, including cost of evidence of title and attorney's fees, in any such action or proceeding in which Beneficiary ar Trustee may appear. Should Trustor fail to make any payment or to do any act as and in the manner provided in any of the Loan Instnaments, Beneficiary and ar Trustee, each in its own discretion, without obligation, may make or do the same in such manner and to such extent as either may deem necessary to pmtect the security hereof Trustor shall, immediately upon demand therefore by Beneficiary, pay all costs and expenses incurred by Beneficiary in connection with the exercise by Beneficiary of the foregoing rights, including, without limitation, costs of evidence of title, court costs, appraisals, surveys and attorney's fees. Any such costs and expenses not paid within ten (10) days of written demand shall draw interest at the default rate provided in the Note. ~. EMINENT DOMAIN. Should 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 and condemnation awards and other payments or relief therefore, and shall be entitled to make any compromise ar settlement in connection with such taking or damage. All such compensation and condemnation, awards, damages, rights of action and proceeds awarded to Trustor (the "Proceeds") are hereby assigned to Beneficiary; and Trustar agrees to execute such further assignments of the Proceeds as Beneficiary or Trustee may require. S. 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 Estate is located and by otherwise complying with the provisions of the applicable law of the State of Nebraska substitute a successor or successors to the Trustee named herein ar acting hereunder. 6. SUCCESSORS AND 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 balder of the Note, whether or not named as Beneficiary herein. '1. 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 far 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 of the Loan Instruments. 8. EVENTS OF DEFAULT. Any of the fallowing events shall be deemed an event of default hereunder: (a) Trustor shall have failed to make payment of any installment of interest, principal, ar principal and interest or any other sum secured hereby when due; or, (b) There has occurred a breach or default under any term, covenant, agreement, condition, provision, representation, or warranty contained in any of the Loan Instruments. -2-