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�0�209292 <br />7. APPOINTMENT OF SUCCESSOR TRUSTEE. Beneficiary may, from time to time, by a written instrument executed and <br />acknowledged by Beneficiary, mailed to Trustor and Recorded in the County in which the Truat EatatE is located and by <br />otherwiae complying with the proviaions of the applicable law of the State of Nebrask�. subatitute a auccessor or succeasora to <br />the Trustee named herein or acting hereunder. <br />S. SUCCESSORS AND ASSIGNS. This Deed of'1'rust applies to, inures to the benefit of and binds all parties hereto, their <br />heirs, legatees, divorcee, personal repreaentatives, succesaors and assigns.l'he term "Beneficiary" shall mean the owner and <br />holder of the Note, whether or not named as Beneficiary herein. <br />9. INSPECTION. Beneficiary or its agent may make reasonable entries upon end inapections of the Property. Beneficiary <br />shall give Trustor notice at the time of or prior to an inspection specifying reasonable cauae For the inspection. <br />10. TRUSTOR NOT RELEASED; FORBEARANCE BY BENEFICIARY NOT A WAIVER. Extension af the time for payment <br />or modification of amortization of the aums secured by this Security Instrument granted by Beneficiary to any succeasor in <br />intereat of Trustor sball not operate ta release the liability of the original Trustor or Trustor's aucceseors in interest Beneficiary <br />shall not be required to commence proceedi.ngs a�ainst any successor in interest or refvse to extend time for payment or <br />otherwise modify amortization of the sums secured by this Secvrity Instrument by reason of any demand made by th� original <br />Trustor or Trustor's successora in intereat. Anq forbearaace by Beneficiary in egercising any right or remedq ahall not be a <br />waiver of or preclude the esercise of any right or remedy. <br />11. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN TRUSTOR. If all or an�► part of the Property <br />or any interest in it is sold or transferred (or if a beneficial interest in Trustor ie sold or transferred and Trustor is not a <br />natural person} without Beneficiary's prior written consent, Benefieiary may, at its option, require immediate payment in <br />fixll of all aums secured by this Security Instrument, however, this option ahall not he exercised by Benefieiary if exerci�ae <br />is prnhibited by federal law as of the date of this Security Instrument. If Beneficiary exercises thie option, Beneficiarq shall <br />give Trustor notice of acceleration. The notice ahall provide a period of not less than 30 daye from the date the notice is <br />delivered or mailed within which the Trustor must pay all sums secured by this Security Instrument. If Trustor fails to <br />pay theae sums prior to the expiration of this period, Beneficiary may invoke any remedies permitted by thie 8ecurity <br />Instrument without further notice or demand on Truator. <br />12. EVEN'1'S OF DEFAULT. Any of tbe following evente shall be deemed an event of default hereunder: <br />a. Trustor shall have failed to make payment of any installment of interest, prinoipal, or principal and interest or <br />any other sum secured hereby when due; or <br />b. There has occurred a breach of or default under any term, covenant, agreement� condition, provision, represen- <br />tation or warranty contained in any of the Loan Inatnunenta. <br />13. ACCELERATION; REMEDIES. Benefiaary shall give notice uf default to'I�uator prior to acceleration following <br />Trustor's hreach of any covenant or agreement in thie Trust Deed. The notice shall specify: (a) the default; (b) the action <br />required to cure the default; (c) a date, not less than 30 days from the dat$ the notice is given to'I�ugtor, by which the <br />default must be cured: and (d) that failure to cure the default on or before the date specified in the aotice may result in <br />acceleration of the sums secured by this Secnrity Instrument and sale of the Praperty. The notice shall further inform <br />Truator of the right to reinstate after acceleration and the right to bring a c�urt action to assert the non-existence of a <br />default or any other defense of Trustor to acceleration aad sale. If the default is not cured on or hefore the date agecified <br />in the notice, Beneficiary at its option may require immediate payment in full of all aums secured by this Security <br />Instrument without further demand and may invoke the power of sale and suy other remediea peratitted by applicable <br />law Trustor shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 13, <br />includiag, but not limited to, reasonable attorney's fees and costa of title evidence. Yf power of sale is invoked, 7.Yuetee shall <br />record a notice of default in each county in which any part of the Property is located and ahall mail copies of auch notice <br />in the manner prescribed by applicable law to Truator and to the other persons prescribed by applicable law. Afl;er the time <br />required by applicable law, Trustee ehall give puhlic notice of sale to the peraons and in the manner prescribed by applic- <br />able law. Trustee, without demand on Trustor, ehall aell the I'roperty at public auction to the highest bidder at the time <br />and place and under the terms designated in the notice of sale in ane or more parcels and in any order T:vstee determines. <br />ZYuatee may postpone sale of all or any parcel of the Propertq by public announcement at the time and place oF any pre- <br />viously scheduled sale. Beneficiary or its designee may purchase the Property at any sale. U�n receipt of payment of the <br />price bid, Trustee ahall deliver to the purchaser Truetee's deed conveying the Prpperty The recitala in the Truatee's deed <br />shall be prima �acie evidence of the truth of the statements made therein.'I�vstee ahall apply the prc�ceeda of the sale in <br />the following order: (a) to all expenses of the sale, includ'ang, but not limited to, Trustee's fees gs permitted by applicable <br />law and reasonable attorney's fees; (b) to all sums aecured by this Security Inatrument; and (c) any egceas to the person or <br />persone legally entitled to it. <br />14. BENEFICIARY IN POSSESSION. Upon acceleration under paragraph 13 or abandonmeat of the Property. <br />Beneficiary (in person, by agent or by judicially appointed receiver) ahall be entitled to enter upon, take possession of and <br />manage the Property and to collect the rents of the Property including those past due. Any rente collected by Beneficiary <br />or the receiver shall be applied first to payment of the costs of management of the Property and collection of rents, includ- <br />ing, but not limited to, receiver's fees, premiums on receiver's bonds and reasonable attorney's feea, and then to the sums <br />secured by this Security Instrument. <br />15. REMEDIES NOT EXCLUSIVE. Trustee and Beneficiary, and each of them, shall be entitled to enforce payment <br />and performance of any indebtedness or obligations secured hereby and to exercise all rights and powers under this Deed <br />of Trust or under any Loan Inatrument or other agreement or any laws now or hereafter in force, notwithatanding some <br />or all of the such indebtedness and obligations secured hereby may now or hereafter be otherwise secured, whether by <br />mortgage, deed of trust, pledge, lien, assignment or otherwiae. Neither the acceptance of this Deed of Trust nor its enforce- <br />ment whether by court action or �ursuant to the power of eale or other poayers herein �ontained, shall prejudice or in any <br />manner affect Trustee's or Beneficiary's right to realize upon or enforce any other aecurity now or hereafter held by Truetee <br />or Bene�iciary, it being agreed that Z`e�ustee and Bene6ciary, and each of them, shall be entitled to enforce this Deed of Trust <br />and any other aecurity now or hereafter held by Beneficiary or Trustee in such order and manner as they or either of them <br />may in their absolnte discretion determine. No remedy herein conferred upon or reaerved to Trustee or Beneffciary ie <br />intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and <br />shall be in addition to every other remedy given�hereunder or now or hereafter exieting at law or in equity or by statute. <br />Every power or remedy given by any of the I.oan Instruments ta TrustEe or Beneficiary or to which either of them may hQ <br />otherwise entitled, may be exercised, c�ncurrently or independently, from time to tune and as often aa may be deemed expe- <br />dient by Trustee or Beneficiary and either of them may pursue inconsistent remedies. Nothing herein ahall be construed <br />as prohibiting Beneficiary from seeking a deficiency judgment against the Trustor to the extent auch action ia permitted <br />by law. <br />16. GOVERNING LAW. This Deed of Trust shall be governed by the laws of the State of Nebraska. In the event that <br />any provision or clause of any of the Loan Instruments conflicts with applicable laws, such conflicts shall not affect other <br />prnvisions of such Loan Instruments which can be given effect without the conflicting provision, and to thia end the pro- <br />visions af the Loan Instruments are declared to be severable. This instrument cannot be waived, changed, discharged or <br />terminated orally, but only by an instrument in writing aigned by the party against whom enforcement of any waiver, <br />change, diacharge or termination is sought. <br />17. RECONVEYANCE. Upon payment of all sums aecured by this Security Instrument, Beneficiary ahall requeat <br />Trustee to reconvey the Property and ahall surrender this Security Iastrument and all notea evidencing debt secwed by <br />this Security Instrument to Trustee. Trustee shall reconvey the Property without wsrranty and without charge to the per- <br />son or persons legally entitled to it. Such person or peraona ahall pay any recordation costa. <br />