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201307953 <br /> Property ID 847 <br /> Property Address 960 Allen Drive <br /> Grand Island,NE 68803 <br /> awards, or other claims, property or rights assigned to Beneficiary under this Deed of <br /> Trust; <br /> (iv) Beneficiary makes a site visit, observes the Property and/or <br /> conducts tests thereon; <br /> (v) Beneficiary receives any sums under this Deed of Trust or any <br /> proceeds of any collateral held for any of the Secured Obligations, and applies them to <br /> one or more Secured Obligations; <br /> (vi) Beneficiary, Trustee or any receiver performs any act which it is <br /> empowered or authorized to perform under this Deed of Trust or invokes any right or <br /> remedy provided under this Deed of Trust; or <br /> (vii) Any notice of default and election to sell under this Deed of Trust <br /> is cancelled. <br /> 7.2 Powers of Beneficiary and Trustee. <br /> (a) Trustee shall have no obligation to perform any act which it is empowered to <br /> perform under this Deed of Trust unless it is requested to do so in writing by Beneficiary and is <br /> reasonably indemnified against loss, cost, liability and expense by Trustor. <br /> (b) Beneficiary may take any of the actions permitted under Paragraphs 6.3(b) <br /> and/or 6.3(c) regardless of the adequacy of the security for the Secured Obligations, or whether <br /> any or all of the Secured Obligations have been declared to be immediately due and payable, or <br /> whether notice of default and election to sell has been given under this Deed of Trust. <br /> (c) From time to time, Beneficiary or Trustee may apply to any court of <br /> competent jurisdiction for aid and direction in executing the trust and enforcing the rights and <br /> remedies created under this Deed of Trust. Beneficiary or Trustee may from time to time obtain <br /> orders or decrees directing, confirming or approving acts in executing this trust and enforcing <br /> these rights and remedies. <br /> 7.3 Merger. No merger shall occur as a result of Beneficiary's acquiring any other estate <br /> in or any other lien on the Property unless Beneficiary consents to a merger in writing. <br /> 7.4 Applicable Law. This Deed of Trust shall be governed by the laws of the <br /> Commonwealth of Massachusetts without regard to its conflict of laws principles, except for such laws as <br /> pertain to the creation, perfection and enforcement of the lien related to the Property in which case the <br /> laws of the State of Nebraska shall govern. <br /> 7.5 Successors in Interest. The terms, covenants and conditions of this Deed of Trust <br /> shall be binding upon and inure to the benefit of the heirs, successors and assigns of the parties. <br /> However,this Paragraph does not waive the provisions of Paragraph 6.1. <br /> 7.6 Interpretation. Whenever the context requires, all words used in the singular will be <br /> construed to have been used in the plural, and vice versa, and each gender or neutral pronoun will include <br /> Deed of Trust.CFT Developments.NE#847 Page 15 <br />