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20000040'9 <br />loan secured hereby, the Beneficiary shall have the option of declaring the <br />unpaid balance immediately due and payable, and if said sum remains unpaid for <br />thirty (30) days thereafter, Beneficiary can cause Notice of Default to be <br />given and the Property be sold as provided herein. <br />13. TRUSTEE LIABILITY. It is agreed that neither the trustee nor any <br />successor will have any liability for any action taken in the exercise of his <br />discretion, including, without limitation, sale en masse or in separate <br />parcels, any action taken on advice of counsel or any action taken based on <br />trustee's reasonable belief as to the existence of relevant facts, including <br />the fact of default or breach of covenant in the part of the landowner. <br />14. SEVERABILITY. If any provisions of this Trust Deed shall be held invalid, <br />the validity of the remainder of this Trust Deed shall not be affected and the <br />remaining provisions herein shall be construed as if the invalid provision was <br />never included. <br />15. BINDING EFFECT. This Trust Deed applies to and inures to the benefit of <br />and binds all parties hereto, their heirs, devisees, personal representatives, <br />successors, and assigns. The term "Beneficiary" shall mean the owner and <br />holder of the Note, whether or not named as a Beneficiary herein. <br />16. NOTICE. The Trustor requests that a copy of any Notice of Default and of <br />any Notice of Sale hereunder be mailed to him at the address hereinbefore set <br />forth. <br />17. RIGHT OF ENTRY. Trustee or Beneficiary, may at any reasonable time, enter <br />upon and protect the property in person or by its agent, in any manner as may <br />be deemed reasonable and necessary to protect the value of the property. <br />18. FUTURE ADVANCES. This Trust Deed has been granted for the purpose of <br />securing the indebtedness and obligations evidenced by the Note including any <br />additional sums, with interest thereon, as may be hereafter advanced, as <br />evidenced by subsequent Notes of either or all of the Trustors named in this <br />Trust Deed, all of which will be secured by this Trust Deed, unless otherwise <br />specified. However, in no event, shall the total amount secured hereby exceed <br />the sum of $60,000.00. This is not a promise or commitment to advance this <br />amount. <br />TRUSTOR UNDERSTANDS THAT (a) THIS DOCUMENT IS A TRUST DEED AND NOT <br />A MORTGAGE AND (b) THE POWER OF SALE PROVIDED FOR IN THIS TRUST DEED PROVIDES <br />SUBSTANTIALLY DIFFERENT RIGHTS AND OBLIGATIONS TO THE TRUSTOR THAN A MORTGAGE <br />IN THE EVENT OF A DEFAULT OR BREACH OF OBLIGATION. <br />Executed the date first above written. <br />R � <br />THOMAS E. JOHNS, , TRUSTOR IRIS LEORA JOHNS,-�- TRUSTOR <br />ADDRESS: 2519 West 1St Street <br />Grand Island, NE 68803 <br />THOMAS E. JCkHNS, SR., BENEFICIARY THOMAS S. KRUML, RUST E <br />STATE OF NEBRASKA ) <br />ya- ) s s . <br />County of <br />The foregoing instrument was acknowledged before me this �� day of <br />August, 2000, by Thomas E. Johns, II, and Iris Leora Johns. <br />GENERAL NOTARY -State of Nebraska j <br />DANIELLE WARNER }.� f <br />My Comm. Exp. Noy. 14, 2003 <br />'-Not5aTy ublic <br />TSK:dw <br />M: \re00 \4874.003 <br />