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<br />I <br /> <br />~3- <br /> <br />88- 102035 <br /> <br />Beneficiary, mailed to Trustor and Recorded in the County in wt\ich <br />the Trust Estate is located and by otherwise complying with the pro- <br />visions of the applicable law of the State of Nebraska substitute <br />a successor or successors to the Trustee named herein or acting <br />hereunder. <br /> <br />7. SUCCESSORS AND ASSIGNS. This Deed of Trust applies to, <br />inures to the benefit of and binds all parties hereto, their heirs, <br />legatees, devisees, personal representatives, successors and assigns. <br />The term "Beneficiaryll shall mean the owner and holder of the Note, <br />whether or not named as Beneficiary herein. <br /> <br />8. INSPECTIONS. Beneficiary, or its agents, representatives <br />or workmen, are authorized to enter at any reasonable time upon or <br />in any part of the Truste Estate for the purpose of inspecting the <br />same and for the purpose of performing any of the acts it is author- <br />ized to perform under the terms of any of the Loan Instruments. <br /> <br />9. EVENTS OF DEFAULT. .Any of the follmo1ing events shall be <br />deemed an event of deafult hereunder: <br /> <br />(a) Trustor shall have failed to make payment of any install- <br />ment of interest, principal, or principal and interest or any other <br />sum secured hereby when due; or, <br /> <br />(b) There has .occurred a breach of default under any term, <br />covenant, agreement, condition, provision, representation, or war- <br />ranty contained in any of the Loan Instruments. <br /> <br />10.' ACCELERATION UPON DEFUALT, ADDITIONAL REMEDIES. Should an <br />event of default .occu~Beneficiary may declare all indebtedness <br />secured hereby to be due and payable, and the :?ame shall thereupon <br />become due and payable without any presentment, demand protest or <br />notice of any kinds. -Thereafter the Beneficiary may: <br /> <br />(i) Either in person or by agent with or without bringing <br />any.action or proceeding, or by a receiver appointed by a Court <br />and without regard to the adequacy of its security, enter upon and <br />take possession of the Trust Estate, or any part thereof, in its <br />own name or in the name of Trustee, and do any acts which it deems <br />necessary or desirable to preserve the value, marketability or <br />rentability of the Trust Estate, or part thereof or interest therein, <br />increase the income therefrom or portect the security hereof and, <br />with or without taking possession of the Trust Estate, sue for or <br />otherwise collect the rents, issues and profits thereof, including <br />those past due and unpaid, and apply the same, less costs and ex~ <br />penses of operation and collection including attorney's fees, upon <br />any indebtedness secured hereby, all in such order as Beneficiary <br />may detcrmin. .The entering upon and taking possession of the Trust <br />Estate, the collection of such rents, issues and profits and the <br />application thereof as aforesaid, shall not cure or waive any default <br />or notice of default hereunder or invalidate any act done in response <br />to such default or pursuant to such notice of default and, not\'1ith- <br />standing the continuance in 'possession of the Trust Estate or the col- <br />lection, receipt and application of rents, issue3 or profits, Trustee <br />or Beneficiary shall be entitled to exercise every right provided <br />for in any of the Loan Instruments or by law upon occurrence of any <br />event of default, including the right to exercise the power of sale; <br /> <br />(ii) Coinmence an ,action to foreclose thl s Deed of 1'rus t a s a <br />mortgage, appoint a receiver, or specifically enforce any of tile <br />covenants hereof; <br /> <br />(iii) Deliver to Trustee a written declaration of default and <br />demand for sale, and a written notice of default and electi.on to <br />cause Trustor's interest in the Trust Estate to be sold, which not~ <br />ice Trustee shall cause to be duly filed for record in the appropri~ <br />ate Official Records of the County ill which the Trust Estate is 10- <br />cnted, <br />