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8Q"i:'~Jrc~"~J~ -6- cute in its own name any action or proceedings. BENEFICIARY with the consent and agreement of Trustor (which shall not unreasonably be withheld) 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 "Proceeds") are hereby assigned to BENEFICIARY and TRUSTOR agrees to execute such further assignments of the Proceeds as BENEFICIARY or TRUSTEE may require; however only to the extent of the then remaining unpaid balance of the indebtedness. secured hereby together with any accrued interest or other advancements which award or payment shall be applied to reduce said indebted- ness. 9. 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 substi- tute a successor or successors to the TRUSTEE named herein or acting hereunder. 1U. 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 holier of the NOTE, Whether or not named as BENEFICIARY herein. 11. 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 of the LOAN INSTRUMENTS. 12. EVENTS OF DEFAULT, Any of the Following events shall be deemed an event of default hereunder: (a) Default shall be made in the payment of any installment of pzincipal or interest or any other sums secured hereby when due and if the same is net cured within five (5) days of Buyer's receipt of written notice from Seller of the default; or (b) There has occurred a breach a€ or default under any term, covenant, agreement, condition, prevision, representation or warranty contained in any crf the LQAN I#:STRUME:#Tl:;