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20150275 ;
<br />Grantor's obligations under this Section 7.1 shall not be reduced or impaired by principles of
<br />comparative or contributory negligence.
<br />7.2 Retention of Money. All moneys received by Trustee shall, until used or applied
<br />as provided in this Deed of Trust, be held in trust for the purposes for which they were received,
<br />but need not be segregated in any manner from any other moneys (except to the extent
<br />required by Law), and Trustee shall be under no liability for interest on any moneys received by
<br />it under this Deed of Trust.
<br />7.3 Successor Trustees. If Trustee or any successor Trustee shall die, resign or
<br />become disqualified from acting in the execution of this Deed of Trust, or Beneficiary shall
<br />desire to appoint a substitute Trustee, Beneficiary shall have full power to appoint one or more
<br />substitute Trustees and, if preferred, several substitute Trustees in succession who shall
<br />succeed to all the estates, rights, powers and duties of Trustee. Such appointment may be
<br />executed by any authorized agent of Beneficiary, and as so executed, such appointment shall
<br />be conclusively presumed to be executed with authority, valid and sufficient, without further
<br />proof of any action.
<br />7.4 Perfection of Appointment. Should any deed, conveyance or instrument of any
<br />nature be required from Grantor by any successor Trustee to more fully and certainly vest in
<br />and confirm to such successor Trustee such estates, rights, powers and duties, then, upon
<br />request by such Trustee, all such deeds, conveyances and instruments shall be made,
<br />executed, acknowledged and delivered and shall be caused to be recorded or filed by Grantor.
<br />ARTICLE 8
<br />MISCELLANEOUS
<br />8.1 Limitation on Interest. It is the intention of the parties hereto to conform strictly to
<br />applicable usury Laws. Accordingly, all agreements between Grantor and Beneficiary with
<br />respect to the Loan are hereby expressly limited so that in no event, whether by reason of
<br />acceleration of maturity or otherwise, shall the amount paid or agreed to be paid to Beneficiary
<br />or charged by Beneficiary pursuant to the Loan Documents, exceed the maximum amount
<br />allowed by Law. If the Loan would be usurious under applicable Law (including the Laws of the
<br />State of Nebraska and the Laws of the United States of America), then, notwithstanding
<br />anything to the contrary in the Loan Documents (a) the aggregate of all consideration which
<br />constitutes interest under applicable Law that is contracted for, taken, reserved, charged or
<br />received under the Loan Documents shall under no circumstances exceed the maximum
<br />amount of interest allowed by applicable Law, and any excess shall be credited on the
<br />Indebtedness; and (b) if maturity is accelerated by reason of an election by Beneficiary, or in the
<br />event of any prepayment, then any consideration which constitutes interest may never include
<br />more than the maximum amount of interest allowed by applicable Law. In such case, excess
<br />interest, if any, provided for in the Loan Documents or otherwise, to the extent permitted by
<br />applicable Law, shall be amortized, prorated, allocated and spread from the date of advance
<br />until payment in full so that the actual rate of interest is uniform through the term hereof. If such
<br />amortization, proration, allocation and spreading is not permitted under applicable Law, then
<br />such excess interest shall be canceled automatically as of the date of such acceleration or
<br />prepayment and, if theretofore paid, shall be credited on the Indebtedness.
<br />8.2 Notices. Except as otherwise expressly provided herein, all notices, requests,
<br />demands and other communications provided for under this Deed of Trust shall be in writing
<br />and mailed or delivered to the applicable party at the addresses indicated below:
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