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<br />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 /> <br />200602541 <br /> <br />authorized to perform under the terms of any of the Loan Instruments. <br /> <br />10. EVENTS OF DEFAULT. Any of the following events shall be deemed an event of <br />default hereunder: <br /> <br />(a) Trustor shall have failed to make payment of any installment of interest, principal, <br />or principal and interest or any other sum secured hereby when due; or <br /> <br />(b) There has occurred a breach of or default under any term, covenant, agreement, <br />condition, provision, representation or warranty contained in any of the Loan Instruments or in <br />any mortgage or security instrument which is superior to this Deed of Trust upon the Property. <br /> <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 household <br />appliances (c) a transfer by devise, descent or by operation of law upon the death of a joint <br />tenant or (d) the grant of any leasehold interest of three years or less not containing an option <br />to purchase, Beneficiary's may, at Beneficiary's option, declare all the sums secured by this <br />Deed of Trust to be immediately due and payable. <br /> <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 /> <br />(i) Either in person or by agent, with or without bringing any action or proceeding, or by <br />a receiver appointed by a court and without regard to the adequacy of its security, enter upon <br />and take possession of the Trust Estate, or any part thereof, in its own name or in the name of <br />Trustee, and do any acts which it deems necessary or desirable to preserve the value, <br />marketability or rentability of the Trust Estate, or part thereof or interest therein, increase the <br />income therefrom or protect the security thereof and, with or without taking possession of the <br />Trust Estate, sue for or otherwise collect the rents, issues and profits thereof, including those <br />past due and unpaid, and apply the same, less costs and expenses of operation and collection, <br />including attorneys' fees to the extent allowed by law, upon any indebtedness secured hereby, <br />all in such order as Beneficiary may determine. The entering upon and taking possession of <br />the Trust Estate, the collection of such rents, issues and profits and the application thereof as <br />aforesaid, shall not cure or waive any default or notice of default hereunder or invalidate any <br />act done in response to such default or pursuant to such notice of default and, notwithstanding <br />the 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 provided <br />for in any of the Loan Instruments or by law upon occurrence of an event of default, including <br />the right to exercise the power of sale; <br /> <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 /> <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 sold, <br />which notice Trustee shall cause to be duly filed for record in the appropriate Official Records <br />of the County in which the Trust Estate is located. <br /> <br />13. FORECLOSURE BY POWER OF SALE. Should Beneficiary elect to foreclose by <br />exercise of the Power of Sale herein contained, Beneficiary shall notify Trustee and shall <br />deposit with Trustee this Deed of Trust and the Note and such receipts and evidence of <br />