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-3- 85- 006213- <br />Beneficiary, mailed to Trustor and Recorded in the County in which <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 />7. SUCCESSORS AND ASSIGNS. This Deed of Trust applies to, <br />inures to the benefit of and hinds all parties hereto, their heirs, <br />legatees, devisees, personal representatives, successors and assigns. <br />The term "Beneficiary" shall mean the owner and holder of the Note, <br />whether or not named as Beneficiary herein. <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 />9. EVENTS OF DEFAULT. -Any of the following events shall be <br />deemed an event of dea ult hereunder: <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 />(b) There has occurred a breach of default under any terra, <br />covenant, agreement, condition, provision, representation, or war- <br />ranty contained in any of the Loan Instruments. <br />10. ACCELERATION UPON DEFUULT ADDITIONAL REMEDIES. Should an <br />event of default occur,Beneficiary may declare all indebtedness <br />secured hereby to be due and payable,and the same shall thereupon <br />become due and payable without any presentment, demand protest or <br />notice of any kinds. Thereafter the Beneficiary may: <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 o 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 Lees, upon <br />any indebtedness secured hereby, all in such order as Beneficiary <br />may determin. 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, notwith- <br />standing the continuance in possession of the Trust Estate or the col- <br />lection, receipt and application of rents, issues 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 />(ii) Commence an action to foreclose this Deed of Trust as a <br />mortgage, appoint a receiver, or specifically enforce any of the <br />covenants hereof; <br />(iii) Deliver to Trustee a written declaration of de,:ault and <br />L demand for sale, and a written notice o1: uefault and election to <br />cause Trustor's interest in the Trust Estate to be sold, which not- <br />ice Trustee shall cause to be duly filed cor record in the appropri- <br />ate Official Record; of the County in which the Trust Estate is lo- <br />cated. <br />_ 1 <br />