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201702619
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Last modified
7/28/2017 3:37:39 PM
Creation date
4/24/2017 10:01:38 AM
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DEEDS
Inst Number
201702619
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r + <br /> 2� 17�2� 19 <br /> . � <br /> l�muitation, any adversary proceeding, cantest��i matter or motion brought by Benef ciary or any other ; <br /> pers�n} relating to Trust�r or in any vvay affecting any of the Trust Property or Beneficiary's abi�ity to <br /> e��rcise any of its rights or remedies with respect thereto. All of th� foregoing shal� be paid by Trus�ar ' <br /> with interest from the date af demand until paid in full at the highest rate per annum payab�e under any <br /> Secured��l�gat�on. <br />� 4.7 Power to Fi1e Nnt�ces and Cure Defaults. Trustor hereby irrevocably appoir�ts Beneficiary <br /> and its successors and assigns as Trustor's true attorney-in-fact t� perform any of the fa�la�ving pawers, <br /> which agency �s coupled with an interest: (a}to execute and,lor record any notices of completion, <br /> c�ssation �f labor, or any ather natices �hat Beneficiary �eems appropriate to protect Beneficiary's ; <br /> � <br /> interes�; and �b}upon the oc�urrence of any event, act ar omission which�ith the giving of notice or the <br /> passage of time, or bath, �vould constitute a Default, �o perform any obligat�on of Trustor hereun�ler; <br /> pr�vided h�we�er, that B�nefi�iary, as such att�rney�-in-fact, sha11 on�y be acCaun�able f�r such funds as <br /> are actually received by Benefi�iary, and Beneficiary shall not be liahle to Trustar ar any nther persan ar <br /> entity for any fai�ur�to act under this Sect�on. <br /> 4.8 Remedies, Cumulat�ve; No Waxver. AIl righ�s, pow�rs and remedies �f Benefi��ary and <br /> Trustee hereunder are cumulative and are in add�tian to a�l rights, povvers and remedi�s provided by Iaw <br /> or in any other agreements between Trus�or and Beneficiary. Na de�ay, failure �r disc�nt�nuance of <br />� Benefic�ary in exercising any right,power or remedy hereunder shall affect ar operate as a waiver of such <br />, <br /> right, p�wer or remedy; nar shall any single or �ar�ial exercise of any such right, power �r remedy <br /> preclude,waive or otherwise affect any other or fur-ther ex�rcise thereof or the exercise of any�th�r right, <br /> paw�r ar remedy. <br /> ARTICLE V. MIS�ELLANE�US PR�VISI�NS <br /> 5.1 No Mer�er. No m�rger sha�l occur as a result of Beneficiary's acquir�ng any other estate in, <br /> or any other lien on,the Trust Property unless Beneficiary specifical�y cansents to a merger in writing. <br /> 5.2 Executian of Do�uments. Trustor agrees, upon demand by Beneficiary or Trustee, t� <br /> execut�any and all dacuments and instruments required to�ffectuat�the pra�isions hereof. <br /> 5.3 Ri�ht �f IY15�]�Cti�Il. Beneficiary or its agents or employees may enter onto the Trus� <br /> Property at any reasonable tim� for the purpose �f inspecting the Trust Property and ascertaining <br /> Trustor's comp�iance with the terms hereof. <br /> 5.4 Notices, Requ�s�s for Notice. A�1 notices, requests and demands which Trus�or or <br /> Beneficiary is required or may desire to give to the other party must be in writing, deli�ered to each party <br /> at the following addresses: <br /> If to Beneficiary: I�elores�.. Garrett Li�ing Trust <br /> P.�.Box 15 S 7 <br /> Grand Island,NE 5 S 8�� <br /> Attention: Michael and Delores Garrett,Truste�s <br /> If�o Trustor: �arrett Enterprises,Inc. <br /> P.�.Box 1 S87 <br /> Grand Is�and,NE 688�2 <br /> Attention:M�chael Garrett � <br /> or at such other address as either party shall d�signate by written notice to the �ther part� in accordance <br /> with the provisians hereaf. <br /> -12- <br />
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