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200202007 7. APPOINTMENT OF SUCCESSOR TRUSTEE, Beneficiary may, from time to time, by a written instrument executed and acknowledged by Beneficiary, mailed to Trustee and Recorded in the County in which the Trust Estate is located and by otherwise complying with the provisions of the applicable law of the State of Nebrusku substitute a successor or successors to the Trustee named herein or acting hereunder. 8. SUCCESSORS AND ASSIGNS. This Used of'1'rust applies to, inures to the benefit of and binds all parties hereto, their heirs, legatees, divorcee, personal representatives, successors and assigns. The term "Beneficiary' shall men the owner and holder of the Now, whether or not named as Beneficiary herein. B- INSPECTION. Beneficiary or its agent may make reasonable entries upon and inspections of the Property. Beneficiary shall give Ill axial notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 10. TRUSTOR NOT RELEASED; FORBEARANCE BY BENEFICIARY NOT WAIVER. Extension of the time for payment or modification of amortization of the auma secured by this Security Instrument granted by Beneficiary W any successor in interest ofTrusear shall not operate to release the liability of the original Truster ol-Trustor's successors in interval Beneficiary shall not be required to clanteent, proceedings against any successor interest or refuse to extend time for payment or otherwise modify amortization of the scene secured by this Security Instrument by reason stony demand made by the original Truster or Traitor's successors ice interest. Any fbrhearance by Beneficiary in exercising any right or remedy shall not be e waiver of or preclude the exercise of any right or remedy. I ]_ TRANSFER OF THE PROPERTY ORA BENEFICIAL INTEREST IN TRUSTOR. Hall or any part of the Property or any inter 4t in it is aolil or transferred (or if a beneficial interest in Truster in sold or transferred end Truster is not a natural person) without lianeficiary's prior written consent, Beneficiary may at its option, require immediate payment in full of nil suns secured by this Secm ity Instrument, however, this opGen shall not be exercised by Beneficiary if exercise is prohibited by federal law as ofthe date of this Security Instrument. If Beneficiary exercises this option, Beneficiary shall give Truster notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Lire Trvsto, must pay all sums secured by this Security Instrument. If Truster fails to pay these sums prior to the expiration of thin period, Beneficiary may invoke any remedies permitted by this Security Instrument withra t further notice or demand or Truswr. 12. EVENTS OF DEFAULT Any of the, following events shall be deemed an event of default hereunder: a. Trusts, shall have failed to make payment of any installment ofinterest, principal, or principal and interest or any other sum secured hereby when due, or 1, Them has occurred a breach of or default under any terra, covenant, agreement, condition, provision, represcu- Lotion or warranty contained in any of the Loan Instruments. 13. ACCELERATION; REMEDIES. Beneficiary shall give notice of default to Trustor prior to acceleration following Trustees breach of any covenant or agreement in this Trust Deed. The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Trustoq by which the default must be cured: and (d) that failure to cure We default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property The notice shall further inform Truster of the right to reinstate after acceleration and the right to bring a court action to assert the non- existence of a default or any other defense of Truster to acceleration and sake. lithe default is not cured on or before the date specified in the notice, Beneficiary at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the power of sale and any other remedies permitted by applicable law. Truster shell be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 13, including, but not limited Lo, umeonmble atwrney'e fees and costs of title evidence. If power ofsale is invoked, Trustee shall record a notice of default in each county in which any part of the Property is located and shall mail copies of such notice in the manner prescribed by applicable law to Truster and to the other parsers prescribed by applicable, law. After the time required by applicable law, Trustee shall give public notice of sale to the persons and in the manner prescribed by appbc- able law Trustee, without demand on Trustoa shall sell the I'mperty at public auction to the highest bidder at the time and place and under the terms designated in the notice ofsale in one or more parcels and in any order Trustee determines. Trustee may postpone sale of all or tiny parcel of the Property by public announcement at the time and place of any pre- viously scheduled sale. Beneficiary or its designee may purchase the Property at any sale. Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the Property, The recitals in the Trustee's deed shall be prima fneic evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all expenses of the sale, including, but not limited to, Trustee's fees as permitted by applicable Iaw and reasonable attorney's fees; (b) to all sales secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it 14. BENEFICIARY IN POSSESSION. Upon acceleration under paragraph 13 at abandonment of the Property, Beneficiary (in person, by agent or by judicially appointed receiver) shell be. entitled to enter upon, Luke possession of and manage the Property and to collect the rents of the Propel ty including those past den. Any rents collected by Beneficiary or the receiver shall be applied first to payment of the costs of uanagemcnt of the Property and collection ofrents, includ- ing, but at limited to, reccivcr'o fees, premiums on receiver's bonds and reasonable attorneys foes, and then to the sums secured by this Security Instrument. 16, REMEDIES NOT EX CT,USIVE. Trustee and Beneficiary and such of then, shall be entitled to enforce payment and pederumare of any indebtedness or obligations secured hereby and to exercise all rights and powers under this Dead of Trust or under ttny Loon Instrument or other agreement in any laws now or hereafter in force, notwithstanding some nr all of the such indebtedness and obligations secured hereby may now or hereafter be otherwise secured, whether by mortgage, deed of trust, pledge,, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforce- ment whether by court action or pursuant to the power of sale or other powers herein contained, shall prejudice or in any manner affect Trustee's o, Beneficiary e right to realize upon or main re any other security now or hereafter held by Trustee or Beneficiary, it being agreed that Trustee and Beneficiary, and each of them, shall be entitled to enforce this Deed of Trust and any other security now or hereafter held by Beneficiary or Trustee in such order and manner as they or either of them limy in their absolute discretion determine. No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Loan Instruments to Trustee or Beneficiary or to which either of them may be otherwise untitled, may be exercised, concurrently or independently tram time to time and as often as may be deemed expe- dient by Trustee or Beneficiary and either of them may pursue inconsistent remedies. Nothing herein shall be construed as prohibiting Beneficiary from seeking a deficiency judgment against the frostor to the extant such action is permitted by law_ 1e,. GOVERNING. LAW. 'Phis Deed of Trust shall be governed by the lows of the State of Nebraska. In the event that any provision or clause of any of the Loan Instruments reci icts with applicable laws, such conflicts shall not affect other provisions of such Loan Instruments which can be given effect without the conflicting provision, and to this end the pre- visions of the Loan hnstruments are declared to be severable, This instrument cannot be, waived, changed, discharged or terminated orally but only by an instrument in writing signed by the party against whom enforcement of any waiver, change, discharge or termination is sought. 17. RECONVEYANCE. Upon ni i necit of all sums secured by this Security Iastrumont, Beneficiary shall request Trustee to reconvoy the Property and shall surrender this Security Instrument and all notes evidencing debt secured by this Security Instrument to'1'rmstee. Trustee shall reconvey the Property without warranty and without charge, to the per- son or persons legally entitled to it. Such pereen or persons shall pay any recordation coats.