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200709845 <br />(b) All sums then secured hereby; <br />(c) The remainder, if any, to the person or <br />persons legally entitled thereto. <br />6. OPTIONAL REMEDY. Upon the occurrence of any default hereunder, Beneficiary <br />shall have the option to foreclose this trust deed in the manner provided by <br />law for the foreclosure of mortgages on real property. <br />7. SUCCESSOR TRUSTEE. Beneficiary may from time to time substitute a <br />successor or successors to any Trustee named herein or acting hereunder. Upon <br />such appointment, and without conveyance to the successor Trustee, the latter <br />shall be vested with all title, powers and duties conferred upon any Trustee <br />herein named or acting hereunder. Each such appointment and substitution shall <br />be made by written instrument and executed by Beneficiary, containing reference <br />to this trust deed and its place of record, which, when recorded in the office <br />of the Register of Deeds of the county or counties in which said property is <br />located, shall be conclusive proof of proper appointment of the successor <br />Trustee. The foregoing power of substitution and the procedure therefor shall . <br />not be exclusive of the power and procedure provided for by law for the <br />substitution of a Trustee in the place of the Trustee named herein. <br />8. ASSIGNMENT OF RENTS. As additional and collateral security for the loan <br />and effective forthwith upon filing of a Notice of Default, this instrument <br />shall serve as an assignment by the Trustor to the Trustee, of all rents, <br />issues, profits, and revenues resulting from the property and Trustee is <br />authorized to take possession of the property, rent or lease the same on terms <br />he deems best and to collect the rents and revenues and apply the same upon <br />unpaid interest, principal, taxes or insurance premiums or for maintenance and <br />preservation of the Property. <br />9. WAIVER. The waiver by Trustee or Beneficiary of any default of Trustor <br />under this trust deed shall not be deemed to be a waiver of any other or <br />similar defaults subsequently occurring. <br />10. TRUSTOR. The designation "Trustor" herein shall extend to and apply to <br />the undersigned, singular and plural, and the covenants and agreements of the <br />Trustor herein shall be binding upon its heirs, devisees, personal <br />representatives, successors and assigns. <br />11. GOVERNING LAW. This Trust Deed shall be construed according to the laws <br />of the State of Nebraska, and the Trustee and the Beneficiary shall have all of <br />the benefits and rights made available by the Nebraska Trust Deeds Act as the <br />same now exist as well as any additional rights which may be created in them <br />under any amendments thereto. <br />12. ACCELERATION. Trustor covenants and agrees that upon any conveyance, <br />assignment or transfer of his interest in the Property during the term of the <br />loan secured hereby, the Beneficiary shall have the option of declaring the <br />unpaid balance immediately due and payable, and if said sum remains unpaid for <br />thirty (30) days thereafter, Beneficiary can cause Notice of Default to be <br />given and the Property be sold as provided herein. <br />13. TRUSTEE LIABILITY. It is agreed that neither the trustee nor any <br />successor will have any liability for any action taken in the exercise of his <br />discretion, including, without limitation, sale en masse or in separate <br />parcels, any action taken on advice of counsel or any action taken based on <br />trustee's reasonable belief as to the existence of relevant facts, including <br />the fact of default or breach of covenant in the part of the landowner. <br />14. SEVERABILITY. If any provisions of this Trust Deed shall be held invalid, <br />the validity of the remainder of this Trust Deed shall not be affected and the <br />remaining provisions herein shall be construed as if the invalid provision was <br />never included. <br />15. BINDING EFFECT. This Trust Deed applies to and inures to the benefit of <br />and binds all parties hereto, their heirs, devisees, personal representatives, <br />successors, and assigns. The term "Beneficiary" shall mean the owner and <br />holder of the Note, whether or not named as a Beneficiary herein. <br />