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8123.CV (8114) 9160018
<br />201603203
<br />19. Substitution of Trustee: That Beneficiary may, from time to time, by instrument in writing,
<br />substitute a successor or successors to any Trustee named herein or acting hereunder, which instrument,
<br />executed and acknowledged by Beneficiary and recorded in the office of the register of deeds of the county
<br />or counties where such property is situated, shall be conclusive proof of property substitution of such Trustee
<br />or Trustees, who shall, without conveyance from the Trustee predecessor, succeed to all its title, estate,
<br />rights, power and duties.
<br />20. No Waiver by Beneficiary: No waiver by Beneficiary of any right under this Deed of Trust shall
<br />be effective unless in writing. Waiver by Beneficiary of any right granted to Beneficiary under this Deed of
<br />Trust or occurrences shall not be deemed a waiver as to any Future transactions or occurrences. By accepting
<br />payment of any sum secured hereby after its due date, or by making any payment or performing any act on
<br />behalf of Trustor that Trustor was obligated hereunder, but failed to make or perform, or by adding any
<br />payment so made by Beneficiary to the indebtedness secured hereby, Beneficiary does not waive its right to
<br />require prompt payment when due of all other sums so secured or to require prompt performance of all other
<br />acts required hereunder, or to declare a default for failure so to pay.
<br />21. Waiver of Statute of Limitation: Time is of the essence in all Trustor's obligations hereunder; and
<br />to the extent permitted by law, Trustor waives all present or future statutes of limitations with respect to any
<br />debt, demand or obligations secured hereby in any action or proceeding for the purpose of enforcing this
<br />Trust or any right or remedies hereunder.
<br />22. Inspection and Business records: Beneficiary at any time during the continuation of this Trust
<br />may enter and inspect such property at any reasonable time. Trustor agrees that in the event such property is
<br />now or hereafter used for commercial or residential income purposes, when requested by Beneficiary,
<br />Trustor will promptly deliver to Beneficiary such certified financial statements and profit and loss statements
<br />of such types and at such intervals as may be required by Beneficiary, which will be in form and content
<br />prepared according to the usual and acceptable accounting principals and practices, which statements shall
<br />cover the financial operations relating to such property. Trustor further agrees when requested by Beneficiary
<br />to promptly deliver in writing such further additional information as required by Beneficiary relating to any
<br />such financial statements.
<br />23. Acceleration Clause: Should Trustor be in default under this Deed of Trust, or should Trustor, or
<br />any successor in interest of Trustor, voluntarily or involuntarily sell, exchange, convey, transfer, contract to
<br />sell, lease with option to purchase, sublease, change the character or use of, or further encumber such
<br />property, or any part thereof, or any interest therein; or if any of said parties shall be divested of title to such
<br />property, or any part thereof, or any interest therein, either voluntarily or if title to such property be subjected
<br />to any lien or charge, voluntarily or involuntarily, contractual or statutory, without the written consent of
<br />Beneficiary being first had and obtained, the Beneficiary shall have the right, at its option, to declare all sums
<br />secured hereby forthwith due and payable; and this same right of acceleration shall be available to
<br />Beneficiary if the undersigned is a partnership and any interest of a general partner terminates is a
<br />corporation and any of the corporate stock is transferred, sold or assigned; or if the undersigned is a trustee of
<br />a trust and there is a change or any of the beneficial interest of the trust.
<br />24. Remedies: No remedy herein provided shall be exclusive of any other remedy herein or now or
<br />hereafter existing by law, but shall be cumulative. Every power or remedy hereby given to Trustee or
<br />Beneficiary, or to which either of them may be otherwise entitled, may be exercised from time to time and as
<br />often as may be deemed expedient by them, and either of them may pursue inconsistent remedies. If
<br />Beneficiary holds any additional security for any obligation secured hereby, it may enforce the sale thereof at
<br />its option, either before, contemporaneously with, or after the sale is made hereunder, and on any default of
<br />Trustor, Beneficiary may, at its option, offset against any indebtedness secured hereby, and the Beneficiary is
<br />hereby authorized and empowered at its option, without any obligation so to do, and without affecting the
<br />obligations hereof, to apply toward the payment of any indebtedness of the Trustor to the Beneficiary any
<br />and all sums of money of Trustor which Beneficiary may have in its possession or under its control,
<br />including without limiting the generality of the foregoing, any savings account, deposit, investment
<br />certificate, escrow or trust funds.
<br />25. Acknowledgment: Trustor agrees and acknowledges that prior to the execution of this Deed of
<br />Trust, Trustor did acknowledge in writing and hereby confirms again that (a) this Deed of Trust is not a
<br />mortgage, but a Deed of Trust, (b) that the power of sale provided for herein provides substantially different
<br />rights and obligations for trustor than a mortgage in the event of a default or breach of any obligation
<br />hereunder, and (c) the aforementioned written acknowledgement was executed prior to the execution of this
<br />Deed of Trust.
<br />26. Law Applicable: That this Deed of Trust shall be construed according to the laws or the State of
<br />Nebraska.
<br />27. Illegality: In the event that any provision or clause of this Deed of Trust conflicts with applicable
<br />law, such conflict shall not affect other provisions of this Deed of Trust which can be given effect without the
<br />conflicting provision and to this end the provisions of this Deed of Trust are declared to be severable.
<br />28. General Provisions: (a) This Deed of Trust applies to, inures to the benefit of, and binds all parties
<br />hereto, their heirs, legatees, devisees, administrators, executors, successors and assigns. (b) The term
<br />"Beneficiary" shall mean the owner and holder (including a pledgee) of any note secured hereby, whether or
<br />not named as Beneficiary herein. (c) Wherever the context so requires, the masculine gender includes the
<br />feminine and neuter, the singular number includes the plural, and vice versa. (d) Captions and paragraph
<br />headings used herein are for convenience only, are not a part of this agreement, and shall not be used in
<br />construing it. If more than one person is named herein as Trustor, each obligation of Trustor shall be the
<br />joint and several obligation of each such person. The rights or remedies granted hereunder, or by law, shall
<br />not be exclusive, but shall be concurrent and cumulative.
<br />29. TRUSTEE ACCEPTS this Trust when this Deed of Trust, duly executed and acknowledged, is
<br />made a public record as provided by law. Trustee is not obligated to notify any party hereto of pending sale
<br />under any other Deed of Trust or any action or proceeding in which Trustor, Beneficiary or Trustee shall be a
<br />party, unless brought by Trustee.
<br />30. Address for Mailing Notices: Trustor hereby requests that a copy of any notice of default and a
<br />copy of any notice of sale hereunder shall be mailed to each person itemized below at the address indicated:
<br />3963 West Capital Avenue Grand Island, NE 68803 -1606
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