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r <br />-1 1 <br />85--003119 <br />action taken by it in good faith and reasonably believed by <br />it to be authorized or within the discretion or rights of <br />powers conferred upon it by this Deed of Trust. <br />12. APPOINTMENT OF SUCCESSOR TRUSTEE. Beneficiary <br />may, from time to time, y wr tten instrument executed and <br />acknowledged by Beneficiary, mailed to Trustor and recorded <br />in the County in which the Trust Estate is located and by <br />otherwise complying with the provisions of the applicable <br />law of the State of Nebraska substitute a successor or <br />successors to the Trustee named herein or acting hereunder. <br />13. SUCCESSORS AND ASSIGNS. This Deed of Trust <br />applies to, inures to t e ene it of and binds all parties <br />hereto, their heirs, legatees, devisees, personal represen- <br />tatives, successors and assigns. The term "Beneficiary" <br />shall mean the owner and holder of the Note, whether or not <br />specifically named as Beneficiary herein. <br />14. INSPECTIONS. Beneficiary, or its agents, <br />representatives or workmen are authorized to enter at any <br />reasonable time upon or in any part of the Trust Estate for <br />the purpose of inspecting the same and for the purpose of <br />performing any of the acts it is authorized to perform under <br />the terms of any of the Loan Instruments. <br />15. <br />ASSIGNMENT OF RENTS. <br />(a) <br />Trustor hereby assigns and transfers to <br />Beneficiary all the <br />rents, issues and profits of <br />the Trust Estate, and hereby <br />gives to and confers <br />upon Beneficiary the right, <br />power and authority to <br />collect such rents, issues and profits. Trustor <br />irrevocably appoints Beneficiary its true and <br />lawful <br />attorney -in -fact, at the option of <br />Beneficiary at <br />any time and from time to time, to <br />demand, receive <br />and enforce payment, to give <br />receipts, releases and satisfactions, <br />and to sue, <br />in the name of Trustor or Beneficiary, for all <br />such <br />rents, issues and profits and appiy the same <br />to the indebtedness <br />secured hereby; provided, <br />however, that Trustor shall have <br />the right to <br />collect such rents, issues and profits (but not <br />more than one (1) <br />month in advance) prior to or at <br />any time there is <br />not an Event of Default under <br />any of the Loan Instruments. This <br />Assignment of <br />the Rents, Issues and Profits of the Trust Estate <br />is intended to be an absolute assignment from <br />Trustor to Beneficiary and <br />not merely the passing <br />Of a security interest. The <br />rents, issues and <br />profits are hereby assigned absolutely by Trustor <br />to Beneficiary contingent only upon the occurrence <br />of an Event <br />of Default under any of the Loan <br />Instruments. <br />(b) <br />Upon any Event of Default under any of the Loan <br />Instruments, Beneficiary may, <br />at any time without <br />notice, either in person, by agent <br />or by a <br />receiver appointed by a court, and without regard <br />to the adequacy of any <br />security for the indebted- <br />ness hereby secured, enter <br />upon, and take <br />Possession of the Trust Estate, 02 <br />any part <br />thereof, in its own name sue for or otherwise <br />collect such <br />rents, issues and pro-"its, including <br />those past due and unpaid, and apply the <br />same, <br />less costs and expenses of operation and <br />collection, including attorneys' <br />fees, upon any <br />indebtedness Necured hereby, and in <br />such order ab <br />Beneficiary u:uy determine. The collection of such <br />PSI <br />b17f;5 -.'3 <br />