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201300072 ARTICLE VIII THE TRUSTEE Section 8.01. Rights and Obligations of Trustee. Trustee accepts the trusts hereby created and agrees to perform its duties herein for the benefit of Collateral Agent. Section 8.02. Resignation of Trustee. Trustee may resign and be discharged of the trusts by giving notice thereof to Collateral Agent, the holder of the Note and Grantor (or any subsequent owner of Grantor's interest in the Trust Estate) specifying the date (not less than 90 days after such notice) when such resignation shall take effect. Such resignation shall take effect on the earlier of the date so specified or the appointment and acceptance of a successor trustee pursuant to Section 8.03. Section 8.03. Successor Trustee. Collateral Agent may appoint a substitute Trustee: (a) if Trustee herein named or any substitute Trustee shall die, resign, or fail, refuse or be unable, for any reason, to make any such sale or to perform any of the trusts herein declared; or (b) at the option of Collateral Agent from time to time as often and whenever Collateral Agent prefers and with or without any reason or cause. Each appointment shall be in writing, but without the necessity of recordation, notice to Grantor, or any other action or formality. Each substitute trustee so appointed shall thereupon by such appointment become Trustee and succeed to all the estates,titles, rights, powers, trusts and duties of predecessor Trustee. Any such appointment may be executed by Collateral Agent or any authorized representative of the Lender, and such appointment shall be presumed conclusively to have been executed with due and proper authority. Without limiting the generality of the foregoing, such appointment may be executed in its behalf by any officer of Collateral Agent and shall be presumed conclusively to have been executed with due and proper authority without necessity of proof of any action by the board of directors or any superior officer. Wherever herein the word "Trustee" is used, the same shall mean the duly appointed trustee hereunder at the time in question. As used in this Section 8.03, Grantor shall mean and include any subsequent owner of Grantor's interest in the Trust Estate. Section 8.04. Separate and Co Trustees (a) If it deems such to be necessary or prudent, Trustee shall have the power to appoint one or more persons to act as separate trustees or co trustees,jointly with Trustee, of any of the property subject to the lien hereof, and any such person shall be such separate trustee or co trustee, with such powers and duties as shall be specified in such instrument. (b) Such separate trustee or co trustee, upon acceptance of such trust, shall be vested with the estates or property specified in such instrument, either jointly with Trustee, or separately as may be provided therein, such to all the trusts, conditions and provisions of Deed of Trust; and every such instrument shall be filed with Trustee Section 8.05. Liability of Trustee. THE TRUSTEE SHALL NOT BE LIABLE FOR ANY ERROR OF JUDGMENT OR ACT DONE BY TRUSTEE IN GOOD FAITH, OR BE OTHERWISE RESPONSIBLE OR ACCOUNTABLE UNDER ANY CIRCUMSTANCES WHATSOEVER (EXPRESSLY INCLUDING FOR TRUSTEE'S NEGLIGENCE), EXCEPT FOR TRUSTEE'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. THE TRUSTEE SHALL HAVE THE RIGHT TO RELY ON ANY INSTRUMENT, DOCUMENT OR SIGNATURE AUTHORIZING OR SUPPORTING ANY ACTION TAKEN OR PROPOSED TO BE TAKEN BY HIM HEREUNDER, BELIEVED BY HIM IN GOOD FAITH TO BE GENUINE. ALL MONEYS RECEIVED BY TRUSTEE SHALL, UNTIL USED OR APPLIED AS HEREIN PROVIDED, BE HELD IN TRUST FOR THE PURPOSES FOR WHICH THEY WERE RECEIVED, BUT NEED NOT BE SEGREGATED IN ANY MANNER FROM ANY OTHER MONEYS (EXCEPT TO THE EXTENT REQUIRED BY LAW), AND TRUSTEE SHALL BE UNDER NO LIABILITY FOR INTEREST ON ANY MONEYS RECEIVED BY HIM HEREUNDER. COLLATERAL AGENT HEREBY RATIFIES AND CONFIRMS ANY AND ALL ACTS WHICH THE HEREIN NAMED TRUSTEE OR HIS SUCCESSOR OR SUCCESSORS, SUBSTITUTE OR SUBSTITUTES, IN THIS TRUST, SHALL DO LAWFULLY BY VIRTUE HEREOF LENDER FOR BACKING BORROWER WILL REIMBURSE TRUSTEE FOR, AND SAVE HIM HARMLESS AGAINST, ANY AND ALL LIABILITY AND EXPENSES WHICH MAY BE INCURRED BY HIM IN THE PERFORMANCE OF HIS DUTIES. THE FOREGOING INDEMNITY SHALL NOT TERMINATE UPON DISCHARGE OF THE OBLIGATIONS OR FORECLOSURE, OR RELEASE OR OTHER TERMINATION, OF THIS DEED OF TRUST. Section 8.06. Payment of Trustee's Compensation. Grantor shall pay or cause to be paid the compensation to which Trustee is entitled hereunder and all proper disbursements and expenses incurred by Trustee hereunder. 20 4821-4372-3794 1 STORE/Concord 721 Diers Avenue, Grand Island, NE 68803 File No •7210102-81.13