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?40005545 <br />(4) The balance, if any, to the person or persons legally entitled <br />thereto. <br />E. Upon the occurrence of any default hereunder, BENEFICIARIES shall have, in <br />addition to such other options as may be granted herein, the further <br />option to foreclose this Deed of Trust in the manner provided by law for <br />foreclosures of mortgages on real property. <br />F. BENEFICIARIES may from time to time substitute a successor or successors <br />to any TRUSTEE named herein or acting hereunder. Upon such appointment, <br />and without conveyance to the successor TRUSTEE, the latter shall be <br />vested with all title, powers, and duties conferred upon any TRUSTEE <br />herein named or acting hereunder. Each such appointment and substitution <br />shall be made by written instrument and executed by BENEFICIARIES, <br />containing reference to this Deed of Trust and its place of record, which, <br />when recorded in the office of the Register of Deeds of the county or <br />counties in which said property is situated, shall be conclusive proof of <br />proper appointment of the successor TRUSTEE. The foregoing power of <br />substitution and the procedure therefor shall not be exclusive of the <br />power and procedure provided for by law for the substitution of a TRUSTEE <br />in the place of the TRUSTEE named herein. <br />G. TRUSTORS covenant and agree that upon any attempted conveyance, <br />assignment, pledge or transfer of any of their interest in the premises <br />during the term of the loan secured hereby, the BENEFICIARIES shall have <br />the option of declaring the unpaid balance immediately due and payable, <br />and if said sum remains unpaid for ten (10) days thereafter, BENEFICIARIES <br />can cause Notice of Default to be given and the premises be sold as <br />provided herein. <br />H. As additional and collateral security for the loan, and effective <br />forthwith upon filing of a Notice of Default, this instrument shall serve <br />as an assignment by the TRUSTORS to the TRUSTEE, of all rents and revenues <br />resulting from the property, and TRUSTEE is authorized to take possession <br />of the property, rent or lease the same on terms he deems best and to <br />collect the rents and revenues and apply the same upon unpaid interest, <br />principal, taxes or insurance premiums or for maintenance and preservation <br />of the premises. <br />I. The waiver by TRUSTEE or BENEFICIARIES of any default of TRUSTORS under <br />this Deed of Trust, on one occasion, shall not be or be deemed to be a <br />waiver of any other or similar defaults subsequently occurring. <br />J. If title to any part of the property herein shall be taken in condemnation <br />proceedings, by right of eminent domain, or similar action, or shall be <br />sold under threat of condemnation, all awards, damages and proceeds are <br />hereby assigned and shall be paid to the BENEFICIARIES, who shall apply <br />such payment, or any part thereof, in their sole discretion, to the sum <br />due at that time on this Deed of Trust and Trust Deed Note, with any <br />balance above the amount due hereunder payable to the TRUSTORS. <br />K. The BENEFICIARIES, their agents or representatives, are hereby authorized <br />to enter, at any reasonable time, upon any part of the trust property for <br />the purposes of inspecting the same and for the purpose of performing any <br />of the acts they are authorized to perform under the terms of this Deed of <br />Trust and other accompanying documents. <br />L. This Deed of Trust and all accompanying documents are subject to, <br />constructed and governed by the laws of the State of Nebraska for all <br />purposes. <br />M. In the event any one or more of the provisions contained in this Deed of <br />Trust, Trust Deed Note, or any other instrument given in connection with <br />this transaction, shall for any reason be held to be invalid, illegal or <br />unenforceable in any respect, such invalidity, illegality, or unenforce- <br />ability shall, at the option of the BENEFICIARIES, not affect any other <br />provisions of this Deed of Trust or Trust Deed Note, but this Deed of <br />Trust and Trust Deed Note shall be construed as if such invalid, illegal <br />or unenforceable provision had never been contained therein, it being the <br />intention of the parties that the provisions of this Deed of Trust are <br />declared to be severable. <br />N. TRUSTORS hereby waive their right to designate the property subject to <br />this Deed of Trust as a homestead under Neb. Rev. Stat. § 40 -101 (Reissue <br />1993) . <br />O. This Deed of Trust shall inure to and bind the heirs, devisees, personal <br />representatives, successors and assigns of the parties hereto. <br />The TRUSTORS request that a copy of any Notice of Default and of any Notice <br />of Sale hereunder be mailed to them at the address herein set forth, or such <br />other address as they may provide to the TRUSTEE and BENEFICIARIES. TRUSTORS <br />acknowledge that as TRUSTORS, they understand that the document they are <br />executing herein is a Deed of Trust and not a mortgage, and that the power of <br />sale provided for in this Deed of Trust provides substantially different rights <br />-3- <br />