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200106192 <br />ARTICLE IV <br />CONCERNING TRUSTEE <br />4.01 Reconveyance. Upon the termination of the credit relationship <br />between Dreisbach's and Beneficiary and the payment of all sums secured by this <br />Deed of Trust, Beneficiary shall request Trustee to reconvey the Property and shall <br />surrender this Deed of Trust to Trustee. Trustee shall reconvey the Property <br />without warranty and without charge to the person or persons legally entitled to <br />it. Such person or persons shall pay any recordation costs. <br />4.02 Successor Trustee. Beneficiary, at its option and expense, may from <br />time to time remove Trustee and appoint a successor trustee to any Trustee <br />appointed hereunder by an instrument recorded in the county in which this Deed <br />of Trust is recorded. Without conveyance of the Property, the successor trustee <br />shall succeed to all the title, power and duties conferred upon Trustee herein and <br />by applicable law. <br />ARTICLE V <br />MISCELLANEOUS <br />5.01 Construction. In the event any one or more of the provisions <br />contained in this Deed of Trust shall for any reason be held to be invalid, illegal <br />or unenforceable in any respect, such invalidity, illegality or unenforceability shall <br />not 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 been <br />contained herein or therein. <br />5.02 Usury. All agreements between Trustor and Beneficiary are expressly <br />limited so that in no contingency or event whatsoever, including, without <br />limitation, advancement of any sums under the provisions of this Deed of Trust, <br />shall the amount paid or agreed to be paid exceed the highest lawful rate <br />permissible. If, from any circumstances whatsoever, fulfillment of any provision <br />of this Deed of Trust or any other agreement referred to herein, at the time <br />performance of such provision shall be due, shall involve transcending the limit <br />of validity prescribed by law which a court of competent jurisdiction may deem <br />applicable thereto or hereto, then, ipso facto, the obligations to be fulfilled shall <br />be reduced to the limit of such validity, and if from any circumstance the <br />Beneficiary shall ever receive as interest an amount which would exceed the <br />highest lawful rate, such amount which would be excessive interest shall be <br />applied to the reduction of the unpaid principal balance due hereunder and not <br />to the payment of interest or, if such excessive interest exceeds the unpaid <br />principal balance due hereunder, the excess shall be refunded to Trustor or its <br />successors or assigns. This Section 5.02 shall control every other provision of all <br />agreements between Trustor and Beneficiary. <br />5.03 Notices. Unless applicable law requires otherwise, all notices under <br />this Deed of Trust shall be in writing and sent by registered or certified mail to the <br />following addresses: <br />To Beneficiary: <br />The Thompson Company <br />3636 West Stolley Park Road <br />Grand Island, NE 68801 <br />383934.1 -9- <br />