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85-- 000870
<br />6. APPOINTMENT OF SUCCESSOR TRUSTEE. Beneficiary may,
<br />from time to time, by a written instrument executed and acknowl-
<br />edged by Beneficiary, mailed to Trustor and recorded in the
<br />County in which the Trust Estate is located and by otherwise
<br />complying with the provisions of the applicable law of the State
<br />of Nebraska substitute a successor or successors to the Trustee
<br />named herein or acting hereunder.
<br />7. SUCCESSORS AND ASSIGNS. This Deed of Trust applies to,
<br />inures too the benefit of an 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 its agents, representa-
<br />tives or workmen, are authorized to enter at any reasonable time
<br />upon or in any part of the Trust Estate for the purpose of
<br />inspecting the same and for the purpose of performing any of the
<br />acts it is authorized to perform under the terms of any of the
<br />Loan Instruments.
<br />9. EVENTS OF DEFAULT. Any of the following events shall
<br />be deemed an event of e au t 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 due or within ten days of due
<br />date; or
<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.
<br />Should an event of e au t occur Beneficiary may declare all
<br />indebtedness
<br />secured hereby to be due and payble 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 />fiAl
<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 />its own name or in the name of Trustee, and do any acts which it
<br />deems necessary or desirable to preserve the value, marketabil-
<br />ity or rentability of the Trust Estate, or part thereof or
<br />interst therein, increase the income therefrom or protect the
<br />security hereof and, with or without taking possession of the
<br />Trust Estate, sue for or otherwise collect the rents, issues and
<br />profits thereof, including those past due and unpaid, and apply
<br />the same, less costs and expenses of operation and collection
<br />including attorneys' fees, upon any indebtedness secured hereby,
<br />all in such order as Beneficiary may determine. The entering;
<br />upon and taking possession of the Trust Estate, the collection
<br />of such rents, issues and profits and the application thereof as
<br />aforesaid, shall. not cure or waive any default or notice of
<br />default hereunder or invalidate any act done in response to such
<br />default or pursuant to such notice of default and, notwithstand-
<br />ing the continuance in possession of the 'trust i:state or the
<br />collection, receipt and application of rents, issues or profits,
<br />Trustee or Beneficiary shall be entitled to exere se.e3ver.y right
<br />provided for in any of the Loan Instruments; or by law upon
<br />occurrence of any event of default, including; the right to
<br />exercise the power of s=ale;
<br />(b) Commence an action Co foreclose this 1)eeci (.)l` 'Crust. as
<br />rp mortg0ge, appoint tt receiver, or specifical.ly enforce anv of
<br />the covenants hereof
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