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<br />-3- <br />~1-.. OU29`~~ <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 bene it o a binds all parties hereto; their-heirs, --.- <br />legatees, devisees, personal representatives, successors and assigna.• <br />The term "Beneficiary" shall mean the owner and holder of the Nate, <br />whether or not named as Beneficiary herein. <br />8. INSPECTIONS. Beneficiary, or its agents, representatives <br />or workmen, are autFiorized 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 o ea ult hereunder: <br />{a} Trustor shall have failed to make payment of any install- <br />ment of rota.-eat, 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 war- <br />ranty contained in any of the Loan Instruments. <br />10. ACCELERATION UPON DE_FUALT ADDITIONAL REMEDIES. Should an <br />event of eau t oceur,Bene iciary may ec are a in a tedness <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 kind. Thereafter the Beneficiary may: <br />{i} Either in person or by agent with or without bringing <br />any action yr proceeding, or by a receiver appointed by a Court <br />and without regard to the adequacy of its security, enter upon and <br />take possession of the Trust Estate, or any part thereof, in its <br />own name ar in the name of Trustee, and do any acts which iC deems <br />necessary or desirabie to preserve the value, marketability ar <br />rentability of the Trust Estate, or parC 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 fees, upon <br />any indebtedness secured hereby, ai3. ~n such order as Beneficiary <br />may determfn. The entering upon and taking possession of the Trust <br />Estate, the collection of such rents, issues and pro€its and the <br />application thereof as aforesaid, shall not cure or waive any defauit <br />ar notice of defauit hereunder ar 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 arty 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, ar specifically enforce any of the <br />covenants hereof; <br />(iii) Deliver to Trustee a written declaration of default and <br />demand for sale, and a written notice of default and election to <br />cause Trustcrr`s fnterest in the Trust Estate to be sold, which not- <br />ice Trustee shall came to be duty filed fox record in the appropri- <br />ate Ctfficiai Records of the County in which. the Trust Estate is Lo- <br />cated, <br />