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200302650 <br />S. APPOINTMENT OF SUCCESSOR TRUSTEE. Beneficiary may, from time <br />to time, by a written instrument executed and acknowledged by Beneficiary, mailed to Truster 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 />9. SUCCESSORS AND ASSIGNS. This Deed of Trust applies lo, inures to the <br />benefit of and binds all parties hereto, their heirs, legatees, divorcees, personal representatives, <br />,successors and assigns-. The term "Beneficiary" shall mean the owner and holder of the Note, <br />whether or not named as Beneficiary herein. <br />10. INSPECTIONS. Beneficiary, or its agents may make reasonable entries upon <br />and inspections of the Property. Beneficiary shall give Trustor notice at the time of or prior to an <br />inspection specifying reasonable cause for the inspection. <br />11. TRUSTOR NOT RELEASED; FORBEARANCE BY BENEFICIARY NOT <br />A WAIVER. Extension of the time for payment or modification of amortization of the sums secured <br />by this Security Instrument granted by Beneficiary to any successor in interest of Trustor shall not <br />operate to release the liability of the original Trustor or Tmstor's successors in interest. Beneficiary <br />shall not be required to commence proceedings against any successor in interest or refuse to extend <br />time for payment or otherwise modify amortization of the sums secured by this Security Instrument <br />by reason of any demand made by the original Trustor or Trustor's successors in interest. Any <br />forbearance by Beneficiary in exercising any right or remedy shall not be a waiver of or preclude the <br />exercise of any right or remedy. <br />12. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN <br />TRUSTOR, if all or any part of the Property or any interest in it is sold or transferred (or if a <br />beneficial interest in Trustor is sold or transferred and Trustor is not a natural person) without <br />Beneficiary's prior written consent, Beneficiary may, at its option, require immediate payment in full <br />of all sums secured by this Security Instrument, however, this option shall not be exercised by <br />Beneficiary if exercise is prohibited by federal law as of the date of this Security Instrument. if <br />Beneficiary exercises this option, Beneficiary shall give Trustor notice of acceleration. The notice <br />shall provide a period of not less than 30 days from the date the notice is delivered or mailed within <br />which the Trustor must pay all sums secured by this Security instrument. If Trustor fails to pay these <br />sums prior to the expiration of this period, Beneficiary may invoke any remedies permitted by this <br />Security Instrument without further notice or demand on Trustor. <br />13. EVENTS OF DEFAULT. Any of the following events shall be deemed an <br />event of default hereunder: <br />a. Trustor shall have failed to make payment of any installment of <br />interest, 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. <br />14. ACCELERATION; REMEDIES. Beneficiary shall give notice of default to <br />Trustor prior to acceleration following Tnrstor's breach of any covenant or agreement in this Trust <br />Deed in accordance with the requirements of the Nebraska Trust Deed Act. If the default is not <br />cured on or before the date specified in the notice, Beneficiary at its option may require immediate <br />payment in full of all sums secured by this Security Instrument without further demand and may <br />invoke the power of sale and exercise all other rights and remedies permitted by applicable law. <br />Trustor shall be entitled to collect all expenses incurred in pursuing the remedies provided in this <br />paragraph, including, but not limited to, reasonable attorney's fees and costs of title evidence. If <br />power of sale is invoked, Trustee shall give public notice of sale to the persons and in the manner <br />prescribed by applicable law. Trustee, without demand on Trustor, shall sell the Property at public <br />auction to the highest bidder at the time and place and under the terms designated in the notice of <br />sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale of all <br />or any parcel of the Property by public announcement at the time and place of any previously <br />P,Z 3 <br />'% Z <br />