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�.._ 101918 <br />i <br />of corporate stock securing the obligation secured hereby, and Trustor waives demand and notice of such sate. (Beneficiary at its option <br />may atsoforeclose on such shares by independent pledgesale, and Trustor waivesdemand of notice of suchsale.) AfterdeductingeR costs. <br />fees and expenses of Trustee, and of this trust, including cost of evidence of title in connection with such sate. Trustee shall first apply the <br />proceeds of sale tothepayment of all sums expended under the terms hereof. not thein repaid, with accrued interest attheratethen payable <br />under the note or notes secured hereby, and then to payment of all other sums secured hereby, and it thereafter there be any proceeds <br />remaining, distribute them to the person or persons legally entitle thereto. <br />If this Deed of Trust or any note secured hereby provides for any Charge for prepayment d -sn indebtedness secured hereby. Trustor <br />agrees topaysaid charge. it any ofsaid Indebtedness shall be paid priorto the maturitydate {^v 4. state ¢in said note orthls Deed ofTrust, <br />even dandrotwit hstandingTrustorshaithavedefauttedinpaymentthereof ,orinpertorma^i 2,O n �Veesr .`enthereunder, and Beneficiary <br />by reason thereof, shall have declared all sums seCt; ,W.f!ereby immediately due and pa ts„ <br />Wit" t9:i ' OF LEASES: Within ten (10) Trustor shall furnith to• Trustee or Bi ned ©• Jtr tae, certified by <br />aturth all leases of such property. hit fr 4jr, -in each case, the name of the tenants or occupants, a din of the space <br />4o ed f srch tenant and occupant. the rental <br />ppe cups peay� for such space and such other information and documents with respect to such <br />,3i. ;k s and tenancies as the Trustee or Beneficiary may. request. <br />COVENANTS OF TRUSTOR WITH RESPECTTO LEASES: Without the prior written consent of Trustee or Beneficiary, TrustorshaR not. <br />directly or indirectly. with respect to any lease of space in such property, whether such tease is not or hereafter in existence: (a) accept or <br />permit any prepayment, discount or advance payment of rent thereunder; (b) cancel or terminate the same, or accept any cancellation, <br />termination or surrender thereof, or permit any event to occur which would entitle the lessee thereunder to terminate or cancel thesame; (c} <br />amend or modify the same so as to reduce the term thereof, the rental payable thereunder, or to change any renewal provisions therein <br />contained, (d)waive any default thereunder or breech thereof-, ( e) give any consent, waiver or approval thereunder or take anyotharactwn <br />in connection therewith, or with a lessee thereunder, which would have the effect of impairing the value of lessors interest thereunder or the <br />Property subfect thereto, or of impairing the position or interest of the Trustee or Beneficiary; or (f) sell, assign,pledge, mortgage orotherwise <br />dispose of, or encumber its interest in any said tease or any rents, issues or profits issuing or rising thereunder. <br />DUTIES OF THE TRUSTEE: Trustor agrees that. (a) the duties and obligations of Trustee shall be detemined solely by the express <br />provisions of this Deed of Trust and the Trustee shall not be liable except for the performance of such duties and obligations as are <br />specifically selforth herein, and no implied covenants or obligations shall be imposed upon the Trustee; (b) no provision of the Deadof Trust <br />shall require Trustee to expend or risk its own funds. or otherwise incur any financial obligation in the performance of any of 1% duties <br />hereunder, or iii the exercise of any of its rights or powers, if it shall have grounds for believing that the repayment of such funds oradequate <br />indemnity against such risk or liability is not reasonably assured to it; (c) Trustee may consult with counsel of its own choosing and the <br />adviceof such counsel shall be full and complete authorisation and protection in the respect of any action orautfared by it hereunder in good <br />faith and in reliance thereon; (d) Trustee shall not be 1;aVe for any action taken by it in good faith and rF,isc-nably believed by it to be <br />authorized or within the discretion or rights of powers ccsra!erced upon it by this Deed of Trust. <br />TRUSTEE'S FEES: Trustor expressly covenants a d agrees to pay and discharge all cost, fees and eW7nses of this Ceed of Trust, <br />including in the event of sate by the Trustee of such waTertj, the Trustee's costs, expenses and fees, which fees shall not exceed $500.00 <br />plus V: of t% of the amount secured hereby and repnaini� ,g u*ipaid- <br />SUBSTITUTION OF TRUSTEE: That• :V! "ai ;s;• zv, fromtimetotime, byinstrumentIn* n1 ing, substikleasuccessorarsuccessors <br />to any Trustee name herein oracting hereunder, wt~::!M r-v ament, executedandacknowledgedbyBenefici ia-f ;andrecordedintheofficeof <br />the register of deeds of the county or counties where_ .,such property is situated, shall be conclusive proctor. proper substisution of such <br />Trustee or Trustees who shall without conveyance from the Trustee predecessor, succeed to all its title, estate, rights, power and duties. <br />NO WAIVER BY BENEFICIARY: No waiver byTrusteeor Beneficiary of any right underttris. Deed of Trust shall beeffeotive unless in <br />writing, Waiver by Trustee or Beneficiary of any right granted to Trustee or Beneficiary under this Deed of Trust or of any provision of iris <br />Deed of Trust astoany transaction or occurrencessraft not be deemed a waiver asto anyfuturp transactionor occurrencev. Byaccep+:e q <br />payment of anysum secured hereby after its due date; gr by making any payment orperforming any +act on behaff of Trustorthpt Trustor 16c; <br />obligated hereunder, but failedto makeor perform orby adding any payment so made byTrusteecuSeneficlarytothe Indebtedness secured <br />hereby, Beneficiary does not waive its right to require prompt payment when due of all o'Jrrr sums so secured or to require prompt <br />performance of 4`1 other acts required hereunder. or to declare a default for failure so to pay. <br />WAIVER OF STATUTE OF LIMITATIONS., Time es of the essence in all Trustor's obligations hereur, x; and to the extent permitted by <br />law. Trustor waives all present or future statutesof,i iafionswithrespecttoanydebt, demandorobligattonsecuredheretry inanyactionor <br />proceeding for the purpose of enforcing ifsis Truss vArry right or remedies hereunder. <br />INSPECTION AND BUSINESS RECORDS: Ben-Wiciary at any time during the continuation of this Tit%it may enler•and inspect such <br />property at any reasonable time, Trustor agrees that. when requested by Beneficiary, Truster will promptly deliver to Beneficiary such <br />certified financial statements and profit and loss statements of such types end at such intervals as maybe required try Beneficiary which will <br />be in form and content prepared according to the usual and acceptable accounting principles and practices, which stlawnents shall cover <br />thefinanclaloperations relating to Tfustor or such property and Trustorfurther agrees when requested byBenefiaiarytopromptlydeliver in <br />writing such further additional information as required by Beneficiary relating to any such financial statements. <br />REMEDIES: No remedy herein provided shall be exclusive of any other remedy herein or now or hereafter axim.4rig by law, but shall be <br />cumulative. Every power or remedy hereby given to Trustee or to Beneficiary or to which either of them may be otherwise entitled, may be <br />exercised from time to time and as often as may be deemed expedient by them, and either of them may pursue inconsistent remedies. If <br />Beneticlary holds any additional security for any obligation secured hereby, it may enforce the sale thereof at to option, either before, <br />contemporaneously with, or after the sale is made hereunder and on any default of Trustor, Beneficiary may. at It & option, offset against any <br />indebtedness secured hereby, and The Beneficiary is hereby authorized and empowered at its option, without any obligation so to do, and <br />without affecting the obligations hereof, to apply toward the payment of any indebtedness of the Trustor to the Bonet ciary. any and all sums <br />of money of Trustor which may have in its possession or under its control. Including without itmiting the geners:Iry of the foregoing any <br />savings account, deposit. Investment certificate, escrow or trust funds. <br />LAW APPLICABLE: Tltw rtiis Deed of trust, shvit ilie construed according Cc Ift Paws of the Stales; c;,. I•Jcibraska <br />ILLEC3A.l.!'Fq`: U the event tttatary{ pct:; r. s. arclauseofthcittaoaf Trust contliclstvdhepptiteb ?eisv�,o•.�eh " .�sctshalinotaftect <br />Other provisionsof this Deed of Trust wh h` . =, begiveneffectwiMba tlfheconflictingprovision, andtothisendthsprovisionsofthisDeedof <br />Trust are declared to be severable <br />GENERAL PROVISIONS: (a) This Deed of Trust applies to, !nurse to the benefit of, and binds ati parties hereto, their heirs, legatees. <br />devlsees, administrators• executors, successors and assigns. (b) The term "Beneficiary, shall msan the owner and holder (including a <br />pledgee) of any note secured hereby, whether or not name as Beneficiary herein. (c) Wherever the context so requires, the masculine <br />t? 6det' ift hideslhef eminlneandneuter, thesingularnumberincludeslheplural ,andviceversa (d) Captions and paragraph headings used <br />herein are for convenience only are not a part of this agreement, and shall not be used In construing it. If Moro than one person is named <br />herein as Trustot, each obligation of Trustor shell ee tn, lOint and Several obhgat.on bf eact-, sucrr person i ne rights ar remodios granteo <br />hereunder• or by taw• shall not be exclusive. but shall be concurrent and cumulative <br />_ . TRUSTEE ACCEPTStlusTrustwNmIh+ s0oed, dutyexecutedandacknoviledged. ismadeap ubiicrecoidaspw%ideabylaw Trustev <br />Is not pblrgatedto notify any party hereto of pending solo undprany other bawd of Trust w any action or proeued,nq in whtrh truSi[n <br />Elonehc,ary or TruSteo Shall be 8 parry. untesS brought by Trustoo <br />:- <br />arse <br />i LM <br />i <br />�r <br />Fv <br />r• <br />lip <br />