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200105234
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Last modified
10/14/2011 5:06:40 AM
Creation date
10/20/2005 8:55:36 PM
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DEEDS
Inst Number
200105234
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200105234 <br />31. Substitute Trustee. Beneficiary may, at its option, from time to time remove <br />Trustee and appoint a Successor Trustee to any Trustee appointed hereunder by an instrument <br />recorded in the county in which this Deed of Trust is recorded. Without conveyance of the Trust <br />Property, the Successor Trustee shall succeed to all title, power and duties conferred upon <br />Trustee herein and by applicable law. <br />32. Miscellaneous Rights of Beneficiary. Beneficiary may at any time and from <br />time to time, without notice, consent to the making of any plat of the Trust Property or the <br />creation of any easement thereon or any covenants restricting use or occupancy thereof or <br />agree to alter or amend the terms of this Deed of Trust. Any personal property remaining upon <br />the Trust Property after the Trust Property has been possessed or occupied by Beneficiary, its <br />agent or any purchaser following Trustee's sale or foreclosure, or under any deed in lieu of <br />Trustee's sale or foreclosure, shall be conclusively presumed to have been abandoned by <br />Trustor. Nothing contained herein shall limit, supersede or restrict any rights or remedies <br />available to Beneficiary under any other agreement between Beneficiary and Trustor. <br />33. Notice to Trustor. Trustor hereby requests that a copy of any notice of default <br />and notice of sale made or executed by Trustee pursuant to the provisions hereof be sent to <br />Trustor at its mailing address set forth above. <br />34. Consent to Jurisdiction; Waiver; Other Forums. <br />a. Any suit, action or proceeding arising out of or relating to this Deed of <br />Trust or any other Loan Document (as defined in the Credit Agreement), or any action or <br />proceeding to execute on or otherwise enforce any judgment arising out of an Event of <br />Default or other default under this Deed of Trust or any other Loan Document can be <br />brought by Beneficiary in the applicable federal district court or in the state circuit court <br />having jurisdiction for Omaha, Douglas County, Nebraska (collectively, the "Courts "). By <br />executing and delivering this Deed of Trust, Trustor, and its successors and assigns, <br />hereby irrevocably and unconditionally submit to the non - exclusive personal jurisdiction <br />of the Courts for any suit, action or proceeding arising out of or relating to this Deed of <br />Trust or any other Loan Document, and irrevocably and unconditionally agree not to <br />assert in any such proceeding before the Courts or any other court or tribunal, by way of <br />motion, as a defense or otherwise, any claim contesting or challenging the personal <br />jurisdiction of the Courts. In addition, Trustor irrevocably waives, to the fullest extent <br />permitted by law, (i) any objection that it may now or hereafter have to the laying of <br />venue in the Courts for any suit, action or proceeding arising out of or relating to this <br />Deed of Trust or any other Loan Document, or (ii) any objection that such suit, action or <br />proceeding brought in the Courts has been brought in an inconvenient forum. <br />b. Nothing in this paragraph 34 or in any other Loan Document shall be <br />deemed to preclude Beneficiary from bringing suit, action or proceeding arising out of or <br />relating to this Deed of Trust or any other Loan Document in any other jurisdiction. <br />[ Signature page follows ] <br />DOGS 146876.8 1582098 <br />Grand Island Page 13 of 15 <br />
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