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201102482 costs, appraisals, surveys and attorney's fees. Any such costs and expenses not paid within ten (10) days of written demand shalf draw interest at the default rate provided in the Note. 5. 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 Vieu 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 refief therefore, and shall be entitled to make any compromise or settlement in connection with such taking or damage. AI{ 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. 6. APPOINTMENT OF SUCCESSOR TRUSTEE. Beneficiary may, from time to time, by a written instrument executed and acknowledged by Beneficiary, and recorded in the County in which the Trust Estate is located and by otherwise complying with the provisions of the applicable !aw of the State of Nebraska substitute a successor or successors to the Trustee named herein or acting hereunder. 7. SUCCESSORS AND ASSfGNS. This Deed of Trust appfies 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 of the Note, whether or not named as Beneficiary herein. 8. INSPECTIONS. Beneficiary, or its agents, representatives or workmen, are authorized to enter at any reasonable time upon or in any part of the Trustee 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 lnstruments. 9. 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 default under any term, covenant, agreement, condition, provision, representation, or warranty contained in any of the Loan Instruments. 3