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.. , <br />~ooo~sio <br />be .given and.the premises be. sold as provided herein. <br />., R~ As additional :and -Collateral security' for. the :,loan; ai'id effective <br />• forthwith upbn•, tili:tig of a'Nbtice of Default, , tkiis instrument shall <br />Ser.vE as .an .assignment by,,the TRUST,ORS to ,t he,TRUSTEE,'.of all rents <br />and revenues resulting from the: property, and.TRLISTEE is authorized <br />to take pbssession,of the property, rent or .l ease t'he same on terms <br />he deems best and to collect the' rents 'and revenues and apply the <br />same upon unpaid interest, principal, taxes or insurance premiums <br />or for maintenance and preservation of the premises. <br />T. .The waiver by TRUSTEE or BENEFICIARIES of any default of TRUSTORS <br />under this Deed of Trust, 'pn ane occasion, shall, not be or be <br />deemed to be a waiver of .any other or similar defaults .subsequently <br />occurring.. <br />J. If title'to any part of the property herein shall be taken in <br />condemnation proceedings, by right of eminent domain, or similar <br />action, or shall be sold. under threat .of 'condemnation, all awards, <br />.'damages and proceeds are hereby assigned and shall be paid to the <br />BENEFICIARIES, who shall apply such payment,. or any part thereof, <br />in their sole da.scretion, to the sum due at that time on this Deed <br />of Trust and Trust Deed Note, with any balance above the amount due <br />hereunder payable to the TRUSTORS. <br />K. The BENEFICIARIES, their agents or representatives, are hereby <br />authorized to enter, at any reasonable time, upon any part of the <br />trust property for the purposes of inspecting the same and far the <br />purpose of performing any of the acts they are authorized to <br />perform under the terms of this Deed of Trust and other <br />accompanying documents. <br />L. This Deed of Trust and all accompanying documents are subject to, <br />constructed and governed by the laws of the State of Nebraska for <br />all purposes. <br />M. In the event any one or more of the provisions contained in this <br />Deed of Trust, Trust Deed Note,' or any other instrument given in <br />connection with this transaction, shall for any reason be held to <br />be ,invalid, illegal or unenforceable in any respect, such <br />invalidity, illegality, or unenforceability shall, at the option of <br />the BENEFICIARIES, not affect any other provisions of this Deed of <br />Trust or Trust Deed Note, but this .Deed of Trust and Trust Deed <br />Note shall, be construed as if such invalid, illegal or <br />unenforceable provision had never been contained therein, it being <br />the intention of the parties that the provisions of this. Deed of <br />Trust are declared to be severable. <br />N. TRUSTORS hereby waive their right to designate the property subject <br />to this Deed of Trust as a homestead under Neb. Rev. Stet. §40-101 <br />(Reissue 1993). <br />0. This Deed of Trust shall inure to and bind the heirs, devisees, <br />personal representatives, successors and assigns of the parties <br />hereto. <br />The TRUSTORS request that a copy of any Notice of Default and of any <br />Notice of Sale hereunder be mailed to them at the address herein set forth, or <br />such other address as they may provide to the TRUSTEE and BENEFICIARIES. <br />TRUSTORS acknowledge that as TRUSTORS, they understand that the document they <br />are executing herein is a Deed of Trust and not a mortgage, and that the power <br />of sale provided for in this Deed of Trust provides substantially different <br />rights and obligations than a mortgage and in an event of default or breach of <br />the obligations set forth herein, the TRUSTEE and the BENEFICIARIES may take <br />such action as herein provided, including the exercise of the power of sale. <br />Either party may terminate this Deed of Trust upon thirty (30) days <br />written notice without penalty, at which time the entire unpaid principal <br />balance, together with any unpaid accrued interest, shall be due and payable. <br />-4- <br />