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<br />remedy on the event of a subsequent default.
<br />10. Eminent Domain. Should the Property or any part thereof ar interest therein be
<br />taken yr damaged by reason on any taking by right of eminent domain,
<br />condemnation, or in any other manner, including a deed in lieu of condemnation,
<br />ar should the Trusters receive any Notice or any other information regarding such
<br />a proceeding, the Trustors shall give immediate written notice thereof to the
<br />Beneficiary. The parties shall reach a mutual agreement as to the receipt of any
<br />compensation, award, ar other payments yr relief granted with respect to the
<br />exercise of eminent domain, with any amounts which the Beneficiary may receive
<br />to be applied tv the unpaid balance of the Promissory Note in the inverse order of
<br />maturity, without any reduction in the amount of principal and. interest payments.
<br />11.Transfer of Pro~ertu. The Beneficiary enters into this Agreement an the
<br />', responsibility of the Trusters and an the basis of the amicable relations which
<br />', have previously existed between the Beneficiary and the Trusters with respect to
<br />' the Property. Should the Trustors desire to sell ar encumber the Property or any
<br />part thereof, they shall forthwith obtain the prior written consent of the Beneficiary
<br />to such sale yr encumbrance while any sums remain due and owing vn the
<br />Promissory Nate, secured by this Deed of Trust. Should the Trustors sell ar
<br />encumber any part of the Property, or any interest therein, to any third party, er
<br />enter into any agreement to self, encumber or create an interest in a third party in
<br />the Property, without the prior written consent of the Beneficiary, other than
<br />granting a lease to a third party, or if the Trustors permit all er any part of the
<br />Property to become subject to a lien of any kind, without the prior written consent
<br />of the Beneficiary, the Beneficiary, at its sale option, can declare the entire
<br />indebtedness remaining immediately due and payable, and exercise any of the
<br />remedies available to it under this Deed of Trust.
<br />12.Assignment of Rents. As additional security, the Trustors hereby assign to the
<br />Beneficiary all of the rents of the Property, provided that the Trustors shall, prior
<br />to acceleration hereunder or abandonment of the Property, have the right to
<br />collect and retain such rents as they become due and payable. On the
<br />acceleration as provided herein, upon and event of default, or upon the Trustors
<br />abandonment of the Property, the Beneficiary, in person or by agent, er by a
<br />', judicially appointed receiver, shall be entitled to enter upon, take possession of
<br />' and manage the Property and collect the rents of the Property. All rents collected
<br />by the Beneficiary shall be applied first to the payment of the costs of managing
<br />the Property and collection of rents, including, but net limited to receiver's fees,
<br />premiums on receiver's bonds, and, if allowed by law, a reasonable attorney's
<br />fee, and then to the sums secured by this Deed of Trust.
<br />13. Successor Trustee. The Beneficiary, at its sole option, may from time to time
<br />appoint a successor Trustee by filing for record in the ofl•ice of the Register of
<br />Deeds of Buffalo County, Nebraska, a Substitution of Trustee document as
<br />provided under Nebraska statutes. From the time the Substitution is filed for
<br />record, the new Successor Trustee shall succeed to all the powers, duties,
<br />authority and title of the Trustee named in this Deed of Trust and of any prior
<br />Successor Trustee.
<br />14. Trustee's Duties and Powers. The Trustors acknowledge that:
<br />a. The duties and obligations of the Trustee shall be determined solely by the
<br />express previsions of this Deed of Trust, and by authority granted to the
<br />Trustee pursuant to Nebraska law, and the Trustee shall not be liable
<br />except for the performance of such duties and obligations as are
<br />specifically set Earth herein, and no implied covenants or obligations shall
<br />be imposed upon the Trustee.
<br />b. Na provision of this Deed of Trust shall require the Trustee to expend or
<br />risk any of the Trustee's awn funds or otherwise incur any financial
<br />obligation in the performance of any of the Trustee's duties herein, ar in
<br />the exercise of any of the Trustee's rights or powers if Trustee shall have
<br />grounds for believing that assurance of repayment of such funds is
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