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200009893 <br />10. Due on Sale. If all or any part of the Premises is sold, conveyed, assigned, <br />leased, mortgaged, encumbered, hypothecated or in any way transferred without <br />the prior written consent of Beneficiary, Beneficiary, in its sole discretion, can <br />declare the entire indebtedness secured hereby immediately due and payable, <br />and exercise any other remedies available under the provisions of this Deed of <br />Trust. <br />11. Assignment of Rents. Trustor hereby assigns to Beneficiary the rents, profits <br />and income of the Premises, provided that Trustor shall, prior to acceleration <br />hereunder or abandonment of the Premises, have the right to collect and retain <br />such rents as they become due and payable. On acceleration as provided <br />hereunder or Trustor's abandonment of the Premises, Beneficiary, its employees <br />and agents, shall be entitled to enter upon, take possession of and manage the <br />Premises and collect the rents and products of the Premises. All rents and <br />products collected by Beneficiary shall be applied first to payment of costs of <br />managing the Premises and collection of rents and products (including <br />reasonable attorney's fees and expenses), and then to sums secured by this <br />Deed of Trust. <br />12. Mineral Interests. Trustor hereby transfers, assigns, and conveys to Beneficiary <br />all bonuses, rents, gas or oil well royalties and all other benefits under any oil, <br />gas or other mineral lease now existing or hereafter effective on the Premises or <br />any part thereof, provided that Trustor shall, prior to acceleration hereunder or <br />abandonment of the Premises, have the right to collect and retain any such <br />bonuses, rents, gas or oil royalties, as they become due and payable. On <br />acceleration as provided hereunder or Trustor's abandonment of the Premises, <br />Beneficiary, its employees and agents, shall be entitled to enter upon, take <br />possession of and manage the Premises and collect the bonuses, rents and <br />royalties therefrom. All amounts collected by Beneficiary shall be applied first to <br />payment of costs of managing the Premises and collection of such royalties and <br />rents (including reasonable attorney's fees and expenses), and then to sums <br />secured by this Deed of Trust. <br />13. Successor Trustee. Beneficiary, in its sole discretion, may from time to time <br />appoint a successor Trustee by filing for record in the office of the Register of <br />Deeds of each county in which the Premises or some part thereof is situated a <br />Substitution of Trustee form as provided by Nebraska statutes. From the time <br />the substitution is filed for record, the new Trustee shall succeed to all the <br />powers, duties, authority and title of the Trustee named in the Trust Deed and of <br />any prior successor Trustee. <br />14. Trustee's Duties. Trustor acknowledges that: <br />(a) The duties and obligations of Trustee shall be determined solely by the <br />express provisions of this Deed of Trust, and Trustee shall not be liable <br />except for the performance of such duties and obligations as are <br />specifically set forth herein, and no implied covenants or obligations shall <br />be imposed upon Trustee; <br />(b) No provision of this Deed of Trust shall require Trustee to expend or risk <br />Trustee's own funds or otherwise incur any financial obligation in the <br />performance of any of Trustee's duties herein, or in the exercise of any of <br />Trustee's rights or powers; <br />(c) Trustee may consult with counsel of Trustee's own choosing and the <br />advice of such counsel shall be full and complete authorization and <br />protection in respect to any action taken or suffered by Trustee hereunder <br />in good faith and in reliance upon such advice; <br />(d) Trustee shall not be liable for any action taken by Trustee in good faith <br />and reasonably believed by Trustee to be authorized or within the <br />rd <br />