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<br />thereof, the rental payable the foundet, or to change any renewal provisions therein contained; (d) waive Any default
<br />thereunder or breech thereof; (e) give any consent, waiver or approval thereunder or take any other action in connection
<br />therewith, or with a lessee thereunder, which would have the effect of impairing the value of lessors interest thereunder or
<br />the property subject thereto, or of impairing the position or interest of the Trustee or Beneficiary; or (f) sell, assign, pledge.
<br />mortgage or otherwise dispose of, or encumber its interest in any said lease or any rents, issues or profits issueing or rising
<br />thereunder.
<br />DUTIES OF THE TFIUSTEE: Trustier agrees that; (a) the duties and obligations of Trustee shall be determined solely by
<br />the express provisions of this Deed of Trust and the Trustee shall not be liable except for the performance of such duties
<br />and obligations as are specifically set forth.herein. and no implied covenants of obligations shall be imposed upon the
<br />Trustee; (b) no proof this Deed of Trust shall require Trustee to expend or risk its own funds, or otherwise incur financial
<br />obligation in the performance of any of its duties hereunder, or in the exercise of any of its rights or powem if it shall have
<br />grounds for bellowing that the repayment of such funds or adequate indemnity against such risk or liability is not reasonably
<br />assured to it (c) Trustee may ccnsult with counsel of its own choosing and the advice of such counsel shall be full and
<br />complete authorization and protection in the respect of any action taken or suffered by it hereunder in good faith and in
<br />reliance thereon; (d) Trustee shall not be liable for any action taken by it in good faith and reasonably believed by it to be
<br />authorized or within the descretion or rights of powers conferred upon it by this Deed of Trust.
<br />TRUSTEE'S FEES: Trustor expressly covenants and agrees to pay and discUtge all cast; fees and expenses of this
<br />Deed of Trus% including in the event of sale by the Trustee of such property, the Trustee's costs•,expenses and fees, which
<br />fees shall not exceed SMCO plus % of 1% of the amount secured hereby and remaining unpaid.
<br />SUBSTITUTION OF TRUSTEE: That Beneficiary may, fromtime to time, by instrument in writing, substiA tea successor or
<br />successors to any Trustee named herein or acting hereunder, which instrument, executed and acknowledged by
<br />Beneficiary and recorded iR the office of the register of deeds of the county or counties where such tarty is situated.
<br />shall be conclusive proof of proper substitution of such Trustee or Trustees who shall without conveyance from the Trustee
<br />predecessor, succeed to all Its title, estate rights. power and duties.
<br />NO WAIVER BY BENEFICIARY: No waiver by Trustee or Beneficiary of anyi right under this Deed of Trust shall be
<br />effective unless in writing. Waiver by Trusteeor Beneficiary of any right granted teTrusteeor Smeficiary underthis Deed of
<br />Trust or of any provision.of this Deed of Trust as tc any transaction or occaurrend t shall notbedeemed a waiver as to any
<br />future transaction or occuronces. By accepting payment of any sum sexaaeed hereby after itadoe date. or by making any
<br />payment o� performing any act on behalf of Truster that Truster was obligated hereunder. but railed to make or perform or '
<br />by adding any payment so made by Trustee or Beneficiary torte indebtedness secured hereby., Seneficiari does not waive
<br />its right to require prompt payment when due of all other sums so secured or to require prompt penformanceof all other acts ;
<br />required hereunder or to declare hereunder, or to declare a default tar failure so to pay. t
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<br />WAIVER OF S t AWTE OF LiMiTATION& Time is of the essartce in aft Truainr's oWigeilima he ifeund6f. Mid iv 11166A601%
<br />permuted by law, Truster waives aJl present or future statutes of limitations with respect to any debt, demand or obligation
<br />secured hereby in any action or proceeding for the purpose of enforcing this Trust or any right or remedies hereunder. --
<br />INSPECTION AND BUSINESS RECORDS. Beneficwry at any time during the continuation; of this Trust may enter and
<br />inspect such property at any reasonable time Truster agrees that, when requested by Beneficiary. Trustor will promptly
<br />deliver to Beneficiary such certified financial statementsand profit and lass statements of such types and atsuch intervals
<br />as may be required by Beneficiary which will be in forms and content prepared according tar the usual and acceptable —
<br />accounting principles and practices, which statements shall cover the financial operatibas relating to Truster or such
<br />property and Trulitor further agrees when requested by Beneficiary to promptly deliver in wrtpng such further additional
<br />information as required by Beneficiary relating to any such financial statements.. IF
<br />REMEDIES: No remedy herein provided shall be exclusive of any other remedy herein, or now or hereafter existing by
<br />law, but shall becumulative. Every power or remedy hereby given to Trustee or to Benefic vVer. to which either of them may
<br />be otherwise entitled, may be exercised from time to time and as often as may be deemed egndient by t". and either of
<br />them may pursue inconsistent remedies. If Beneficiary holds any additional security for any obligation secured hereby, it
<br />may enforce the sale thereof at its option, either before, contemporaneously with,.or after the sale is madebereunder and
<br />on any default of Trustor. Beneficiary may. at its option, offset against any odebtedness secured hereby. and the
<br />Beneficiary is hereby authonzed and empowered at its option, without any obligation so to do, and without affecting the
<br />obligations hereof, to apply toward the payment of any indebtedness of the Trustor to the Beneficiary, any and all sumtof
<br />money of Trustor which may have in its possession or under its control. including withatA limiting the generality of the
<br />foregoing any savings account deposit investment certificate, escrow or trust W,
<br />LAW APPLICABLE: That this Deed of Trust shall be construed according to the laws of the-state of Ne
<br />ILLEGAUT'Y: In the event that any provision or clause of this Deed of Trust conflicts with applicabie taw, such conflict
<br />shall notaffectother provisions of this Deed of Trust which can be given effect without the conflicting provision. and tothis
<br />end the provisions of this Deed of Trust are declared to be severable.
<br />GENERAL PROVISIONS (a I This Deed of Trust applies to, inures to the benefit of, and binds all parties hereto. their heirs.
<br />legatees. devisees. administrators, executors, successors and assigns. (b) the term "Beneficiary" shall mean the owner
<br />and holder (including a pledgee) of any note secured hereby, whether or not named as Beneficiary herein. (c) Wherever
<br />the context so requires, the masculine gender includes the feminine and neuter, the singular number includes the plural.
<br />and vice versa. (d ) Captions and paragraph headings used herein are for convenience only, are not a part of this,
<br />agreement, and shalt not be used in construing it If more than one person is named herein as Trustor, each obligation of
<br />Trustor shalt be the joint and several obligation of each such person The rights or remedies granted hereunder. or bylaw. Y
<br />LDail not be exclusive, but shall be concurrent and cumulative
<br />TRUSTEE ACCEPTS this Trust when this Deed• duly executed and acknowledged, is made a public record as provided
<br />oy taw Trustee is not obligated to notify any party hereto of pending sate under any other Deed of Trust or any action or
<br />vfoceeding in which Trustor. Beneficiary or Trustee shall be a parts unless brought by Trustee
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