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SEILER & PARKER <br />P.C., L.L.O. <br />LAW OFFICES <br />726 EAST SIDE BLVD. <br />P.O. BOX 1288 <br />HASTINGS, NE 68902 <br />(402) 463 -3125 <br />200109174 <br />9. INSPECTIONS. Beneficiary, or its agents, representatives or workmen, are <br />authorized to enter at any reasonable time upon or in any part of the Trust Estate for the <br />purpose of inspecting the same and for the purpose of performing any of the acts it is <br />authorized to perform under the terms of any of the Loan Instruments. <br />10. EVENTS OF DEFAULT. Any of the following events shall be deemed an event <br />of default hereunder: <br />(a) Trustor shall have failed to make payment of any installment of interest, <br />principal, or principal and interest or any other sum secured hereby when due; or <br />(b) There has occurred a breach of or default under any term, covenant, <br />agreement, condition, provision, representation or warranty contained in any of the Loan <br />Instruments or in any mortgage or security instrument which is superior to this Deed of <br />Trust upon the Property. <br />11. ADDITIONAL EVENTS OF DEFAULT; TRANSFER OF PROPERTY. If all or any <br />part of the Property or any interest therein is sold or transferred by Trustor's without <br />Beneficiary's prior written consent, excluding (a) the creation of a lien or encumbrance <br />subordinate to this Deed of Trust, (b) the creation of a purchase security interest for <br />household appliances (c) a transfer by devise, descent or by operation of law upon the <br />death of a joint tenant or (d) the grant of any leasehold interest of three years or less not <br />containing an option to purchase, Beneficiary's may, at Beneficiary's option, declare all the <br />sums secured by this Deed of Trust to be immediately due and payable. <br />12. ACCELERATION UPON DEFAULT, ADDITIONAL REMEDIES. Should any event <br />of default occur Beneficiary may declare all indebtedness secured hereby to be due and <br />payable and the same shall thereupon become due and payable without any presentment, <br />demand, protest or notice of any kind. Thereafter Beneficiary may: <br />(i) Either in person or by agent, with or without bringing any action or proceeding, <br />or by a receiver appointed by a court and without regard to the adequacy of its security, <br />enter upon and take possession of the Trust Estate, or any part thereof, in its own name <br />or in the name of Trustee, and do any acts which it deems necessary or desirable to <br />preserve the value, marketability or rentability of the Trust Estate, or part thereof or <br />interest therein, increase the income therefrom or protect the security thereof and, with or <br />without taking possession of the Trust Estate, sue for or otherwise collect the rents, <br />issues and profits thereof, including those past due and unpaid, and apply the same, less <br />costs and expenses of operation and collection, including attorneys' fees to the extent <br />allowed by law, upon any indebtedness secured hereby, all in such order as Beneficiary <br />may determine. The entering upon and taking possession of the Trust Estate, the <br />collection of such rents, issues and profits and the application thereof as aforesaid, shall <br />not cure or waive any default or notice of default hereunder or invalidate any act done in <br />response to such default or pursuant to such notice of default and, notwithstanding the <br />continuance in possession of the Trust Estate or the collection, receipt and application of <br />rents, issues or profits, Trustee or Beneficiary shall be entitled to exercise every right <br />provided for in any of the Loan Instruments or by law upon occurrence of an event of <br />default, including the right to exercise the power of sale; <br />(ii) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a <br />receiver, or specifically enforce any of the covenants hereof; <br />(iii) Deliver to Trustee a written declaration of default and demand for sale, and a <br />written notice of default and election to cause Trustor's interest in the Trust Estate to be <br />