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<br />fr <br /> <br />~ <br /> <br />83-005437 <br /> <br />Nebraska substitute a successor or successors to the Trustee named herein or <br />acting hereunder. <br /> <br />7. SUCCESSORS AND ASSIGNS. This Deed of Trust applies to, inures to the <br />benefit of and binds all parties hereto, their heirs, legatees, devisees, <br />personal representatives, successors and assigns. The term "Beneficiary" shall <br />mean the owner and holder of the Note, whether or not named as Beneficiary herein. <br /> <br />8. INSPECTIONS. Beneficiary, or its agents, representatives or workmen, <br />are authonzed to enter at any reasonable time upon or in any part of the Trust <br />Estate for the purpose of inspecting the same and for the purpose of perfonning <br />any of the acts it is authorized to perform under the tenns of any of the Loan <br />Instnnnents. <br /> <br />9. EVENTS OF DEFAULT. Any of the following events shall be deemed an event <br />of default hereunder: <br /> <br />(al Trustor shall have failed to make payment of any installment of <br />interest, principal, or principal and interest or any other sum secured hereby <br />when due; or <br /> <br />(bl There has occurred a breach of or default under any term, covenant, <br />agreement, condition, provision, representation or warranty contained in any of <br />the Loan Instnnnents. <br /> <br />10. ACCELERATION UPON DEFAULT, ADDITIONAL REMEDIES. Should an event of <br />default occur Beneficiary ooy declare all indebtedness secured hereby to be due <br />and payble and the same shall thereupon become due and payable without any <br />presentment, demand, protest or notice of any kind. Thereafter Beneficiary ooy: <br /> <br />(al Either in person or by agent, with or without bringing any action or <br />proceeding, or by a receiver appointed by a court and without regard to the <br />adequacy of its security, enter upon and take possession of the Trust Estate, or <br />any part thereof, in its own name or in the name of Trus tee, and do any acts <br />which it deems necessary or desirable to preserve the value, oorketability or <br />rentability of the Trust Estate, or part thereof or interst therein, increase the <br />income therefrom or protect the security hereof and, with or without taking <br />possession of the Trust Estate, sue for or otherwise collect the rents, issues <br />and profits thereof, including those past due and nnpaid, and apply the same, <br />less costs and expenses of operation and collection including attorneys I fees, <br />upon any indebtedness secured hereby, all in such order as Beneficiary ooy <br />detennine. The entering upon and taking possession of the Trust Estate, the <br />collection of such rents, issues and profits and the application thereof as <br />aforesaid, shall not cure or waive any default or notice of default hereunder or <br />invalidate any act done in response to such default or pursuant to such notice of <br />default and, notwithstanding the continuance in possession of the Trust Estate or <br />the collection, receipt and application of rents, issues or profits, Trustee or <br />Beneficiary shall be entitled to exercise every right provided for in any of the <br />Loan Instruments j or by law upon occurrence of any event of default, including <br />the right to exercise the power of sale; <br /> <br />(bl Canmence an action to foreclose this Deed of Trust as a mortgage, <br />appoint a receiver, or specifically enforce any of the covenants hereof; <br /> <br />-3- <br /> <br />u <br /> <br />L <br /> <br />-.J <br /> <br />L <br />