Laserfiche WebLink
86-- 106807 <br />in which the Trust Estate is located and by otherwise complying <br />with the provisions of the applicable law of the State of <br />Nebraska substitute a successor or successors to the Trustee <br />named herein or acting hereunder. <br />7. SUCCESSORS AND ASSIGNS. This Trust Deed applies to, <br />inures to the benefit of and binds all parties hereto, their <br />heirs, legatees, devisees, personal representatives, successors <br />and assigns. The term "Beneficiary" shall mean the owner and <br />holder of the Note, whether or not named as Beneficiary herein. <br />8. INSPECTIONS. Beneficiary, or beneficiary's agents, <br />representatives or workmen, are authorized to enter at any <br />reasonable time upon or in any part of the Trust Estate for the <br />purpose of inspecting the same and for the purpose of performing <br />any of the acts beneficiary is authorized to perform under the <br />terms of any of the Loan Instruments. <br />9. EVENTS OF DEFAULT. Any of the following events shall be <br />deemed an event of default hereunder: <br />a. Trustor shall have failed to make payment of any <br />installment of interest, principal, or principal and interest or <br />any other sum secured hereby when such sum is due, provided that <br />any payments of any installment of interest, principal, or <br />principal and interest paid after the due date shall bear <br />interest at a rate of 14 percent (14 %) per annum during such <br />period of delinquency. <br />b. There has occurred a breach of or default under any <br />term, covenant, agreement, condition, provision, representation <br />or warranty contained in any of the Loan Instruments. <br />10. ACCELERATION UPON DEFAULT, ADDITIONAL REMEDIES. Should <br />an event of default occur Beneficiary may declare all <br />indebtedness secured hereby to be due and payable and the same <br />shall thereupon become due and payable without any presentment, <br />demand, protest or notice of any kind. Thereafter Beneficiary <br />may: <br />a. 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 <br />and take possession of the Trust Estate, or any part thereof, in <br />beneficiary's own name or in the name of Trustee, and do any acts <br />which beneficiary deems necessary or desirable to preserve the <br />value, marketability or rentability of the Trust Estate, or part <br />thereof or interest therein, increase the income therefrom or <br />protect the security hereof and, with or without taking <br />possession of the Trust Estate, sue for or otherwise collect the <br />rents, issues and profits thereof, including those past due and <br />unpaid, and apply the same, less costs and expenses of operation <br />and collection including attorneys fees, upon any indebtedness <br />secured hereby, all in such order as Beneficiary may determine. <br />The entering upon and taking possession of the Trust Estate, the <br />collection of such rents, issues and profits and the application <br />'thereof as aforesaid, shall not cure or waive any default or <br />notice of default hereunder or invalidate any act done in <br />response to such default or pursuant to such notice of default <br />and, notwithstanding the continuance in possession of the Trust <br />Estate or the collection, receipt and application of rents, <br />issues or profits, Trustee or Beneficiary shall be entitled to <br />exercise every right provided for in any of the Loan Instruments <br />or by law upon occurrence of any event of default, including the <br />right to exercise the power of sale; <br />b. Coneaence an action to foreclose this Trust Deed as a <br />mortgage, appoint a receiver, or specifically enforce any of the <br />convenants hereof; <br />c. Deliver to Trustee a written declaration of default and <br />demand for sale, and a written notice of default and election to <br />3 <br />