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202204758 <br />9. APPOINTMENT OF SUCCESSOR TRUSTEE. Beneficiary may, from time to <br />time, by a written instrument executed and acknowledged by Beneficiary, mailed to Trustor and <br />recorded in the County in which the Trust Estate is located and by otherwise complying with the <br />provisions of the applicable law of the State of Nebraska substitute a successor or successors to the <br />Trustee named herein or acting hereunder. <br />10. EVENTS OF DEFAULT. Upon the occurrence of any one or more of the following <br />(hereinafter referred to as an "Event of Default"): <br />(a) The failure of the Trustor to make any payment due under the Security <br />Instruments within a period of ten (10) days following any scheduled due date or earlier date <br />to which payment is accelerated, pursuant to any power to accelerate contained in any of the <br />Security Instruments; or <br />(b) The failure of the Trustor for a period of thirty (30) days following written <br />notice from the Holder to timely and properly observe, keep or perform any non -monetary <br />covenant, agreement warranty or condition required in any of the Security Instruments to be <br />observed, kept or performed by the Trustor; or <br />(c) The Property, or any part thereof, shall be taken on execution or other judicial <br />process in any action against the Trustor; or <br />(d) So much of the Property is taken in condemnation, or sold in lieu of <br />condemnation, or such collateral is so diminished in value due to an injury or damage to such <br />collateral with the remainder thereof cannot, in the judgment of the Beneficiary, continue to <br />be developed profitably; or <br />(e) Trustor assigns, transfers, conveys, further encumbers or exchanges the <br />Property in contravention of Paragraph 17 of this Deed of Trust; or <br />(f) Default under any of the Security Instruments, <br />then, at the option of the Beneficiary, the entire unpaid balance of principal balance due under the <br />Note, any unpaid fees, together with all accrued interest, shall immediately become due and payable <br />at the option of the Beneficiary. <br />11. ACCELERATION UPON DEFAULT, ADDITIONAL REMEDIES. Should an <br />Event 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, demand, <br />protest or notice of any kind. Thereafter Beneficiary may: <br />(a) Sue for or otherwise collect the rents, issues and profits thereof, including <br />those past due and unpaid, and apply the same, less costs and expenses of operation and <br />collection including attorney's fees, upon any indebtedness secured hereby, all in such order <br />as Beneficiary may determine. The collection of such rents, issues and profits and the <br />application thereof as aforesaid, shall not cure or waive any default or notice of default <br />4 <br />