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~3-=UQOS4~ <br />_~_ <br />Beneficiary, mailed to trustor and recorded in the County in which <br />the Trust Estate is located and by otherwise complying with the <br />provisions of the applicable law of the State of Nebraska, sub- <br />stitute a successor or successors to the Trustee named herein or <br />acting hereunder. <br />7. SUCCESSORS AND ASSIGNS. This Deed of Trust applies to, <br />inures to the bene it of and binds 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 />$. INSPECTIONS. After receiving permission of the Trustor, <br />which permission shall not be unreasonably withheld, Beneficiary <br />or its agents, representatives or workmen, are authorized to <br />enter at any reasonable time upon or in any part of the Trust <br />Estate for the purpose of inspecting the same. <br />9. EVENTS OF DEFAULT. Any of the Following events shall <br />be deemed an event of default 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 term, <br />covenant, agreement, condition, provision, representation, or <br />warranty contained in any of the Loan Instruments. <br />10. ACCELERATION UPON DEFAULT, ADDITIONAL. REMEllIES. Should <br />an event of default occur, Beneiiciary may declare all indebtedness <br />secured hereby to be due and payable, and the same shall there- <br />upon become due and payablie without any presentment, demand, protest, <br />or notice of any kind. Thereafter the ueneficiary may: <br />(i.) F~ither in person or by agent with or withouC bringing <br />any action ar proceeding, or Liy a receiver appointed by a Court <br />and kithout regard Co the adequacy of its security, enter upon and <br />take possession cf the Trust Fatale, or any part thereof, in iCs <br />own name or in the name of Trustee, and do anv acts which it <br />deems necessary or desirable to preserve the value, mart<etability <br />or rentability of the Trust Estate, or part thereof or interest <br />therein, increase the income therei:rom or protecC the security <br />hereof and, with or without taking possession of the Trust Estate, sue <br />far or otherwise collecC the rents, issues and profits thereof, <br />including Chose past due and unpaid, and apply Che same, less r.osts <br />and expenses o€ operation and collection including attorney's ;'cues <br />upon anyindebtedness secured hereby, all in such order as Beneficiary <br />may determine, The entering upon :.n<': tai.ing posse5si.on of the `T'rust <br />Estate, Che collection of such rents, issues and profits anc:t 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 re-sponse <br />to such default or pursuant to such notice of default and,'notwith- <br />stariding the conCinuance in possession of: the Trust Estate or the <br />collection, receipt and application of rents, issues or profits, <br />TrusCee or Beneficiary shall be entitled to exercise every right <br />provided for in any of the Loan Instruments or by law upon occurrence <br />flf any event of default, including Che right to exercise the power <br />of sale; <br />(ii) Commence an action Co foreclose Chis Deed of Trust cis a <br />mortgage, appoinC a receiver, or specifically enforce any of the <br />CtlVenantS her2flf; <br />(iii} I~eiiver to TrusCee a wriCten tleclaratzon of ctefcault <br />r~ttd demand For sale, and a wr.itCen notice of. de#'.ault and cl.ection <br />Co cause `i'rustar's interest i.n tl~e Trust 1state to ~ saki, x~tiictl <br />r~oCi.oa TrusCee sktall cause to be rtul. y ; i. t cad for record i.n €:hcr <br />r~lxprnpriaCe OiEicial Ftecorets of the i;our+t:v in whictx thc~ ~I`rust <br />:state fs located. <br />