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201601967
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4/4/2016 11:50:28 AM
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4/4/2016 11:50:27 AM
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DEEDS
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201601967
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(i) all sums then secured by this Deed of Trust; and <br />(ii) the balance, if any, to the person or persons legally <br />entitled thereto. <br />Page 7 of 9 Pages <br />20160191;7 <br />15. Duties and Obligations of Trustee - (a) The duties and obligations <br />of Trustee shall be determined solely by the express provisions of this Deed <br />of Trust and Trustee shall not be liable except for the performance of such <br />duties and obligations as are specifically set forth herein, and no implied <br />covenants or obligations shall be imposed upon Trustee; (b) no provision of <br />this Deed of Trust shall require Trustee to expend or risk his or her own <br />funds or otherwise incur any financial obligation in the performance of any of <br />Trustee's duties hereunder, or in the exercise of any of Trustee's rights or <br />powers, if Trustee shall have grounds for believing that the repayment of such <br />funds or adequate indemnity against such risk or liability is not reasonably <br />assured to Trustee; (c) Trustee may consult with counsel of his or her <br />choosing and the advice of such counsel shall be full and complete <br />authorization and protection with respect to any action taken or suffered by <br />Trustee hereunder in good faith and reliance thereon; (d) Trustee shall not be <br />liable for any action taken by Trustee in good faith and believed by Trustee <br />to be authorized or within the discretion or rights or powers conferred upon <br />Trustee by this Deed of Trust. <br />16. Additional Security Instruments - Trustor, at its expense, will <br />execute and deliver to the Beneficiary, promptly upon demand, such security <br />instruments as may be required by Beneficiary, in form and substance <br />satisfactory to Beneficiary, covering any of the Property conveyed by this <br />Deed of Trust, which security instruments shall be additional security for <br />Trustor's faithful performance of all of the terms, covenants and conditions <br />of this Deed of Trust, the promissory note(s) secured hereby, and any other <br />security instruments executed in connection with this transaction. Such <br />instruments shall be recorded or filed, and re- recorded and re- filed, at <br />Trustor's expense. <br />17. Miscellaneous - <br />(a) In the event any one or more of the provisions contained in this <br />Deed of Trust or the note or any other debt instrument or security instrument <br />given in connection with this transaction shall for any reason be held to be <br />invalid, illegal, or unenforceable in any respect, such invalidity, <br />illegality, or unenforceability shall, at the option of Beneficiary, not <br />affect any other provision of this Deed of Trust, but this Deed of Trust shall <br />be construed as if such invalid, illegal or unenforceable provision had never <br />been contained herein. <br />(b) This Deed of Trust shall be construed according to the laws of the <br />State of Nebraska. <br />(c) This Deed of Trust shall inure to the benefit of and be binding upon <br />the heirs, legatees, devisees, beneficiaries, administrators, personal <br />representatives, successors and assigns of the parties hereto. <br />(d) Trustor shall pay all taxes levied upon this Deed of Trust or the <br />debt secured hereby, together with any other taxes or assessments which may be <br />levied against the Trustee or Beneficiary or the legal holder of the note on <br />account of the indebtedness evidenced thereby. <br />(e) Whenever used herein, the singular number shall include the plural, <br />the use of any gender shall be applicable to all genders, and the term <br />"Beneficiary" shall include any payee of the indebtedness hereby secured or <br />any transferee therecf, whether by operation of law or otherwise. <br />
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