|
10498?
<br />thereof, the rental payabtp- thereunder. pr to change any renewal provisions therein contained; (d) •waive any default -
<br />t1immnderorbreech ( e) give any consenf.- walveror approval thereunderortakeanyotheractioninconnection,
<br />therewith, or witha lesseethereunder, which would havetheeffectof Impairing the valueof lessors interestthereunderor
<br />theprop Wysubjectthereto. crofimpairingthepositionor interestditheTrusteeor Beneficiary; or(f)sell, assign,pledge,
<br />morlpge or otherwise dispose of. or encumbet its interest in ariiy said lease or any rents. Issues or profits issusing or riaing
<br />'fil
<br />1
<br />reunder.
<br />r DUTIES Op THE TRUSTEE: Trustor agrees that (a) the duties and obligations of Trustee shall be determined sotely by
<br />the express provisions of this Deed of Trust and the Trustee shall not be liable exceptforthe performance of such duties
<br />and obligations as are specifically set forth herein, and no implied covenants or obligations shall be imposed upon the
<br />Trustee; (b) no proof this Deed ofTrust shall require Triisleeto expend or risk its own funds, or otherwise incur financial
<br />obligation in the pet for nance of any of its duties hereunder, or in the exercise of any of its rights or powers, If it shall have
<br />grai W$W bWievir`igthattherepa mmtWsochhmdsomdequateindemnityagainsisuchriskorfiabilityis notreasonabty
<br />-
<br />assured to it (c) Trustee may consult 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 />relience thereon ; (d) Trustee 00 not be liable for any action taken by It in good faith and reasonably believed by flap be
<br />authorized. or within the descre6on'or rights of powers conferred upon it by this Deed of Trust
<br />- - TRUSTEE'S FEES: Trustorexpressiy covenants and agreesTo pay anddischarge aWcos%fees and expenses of this
<br />Deed ofTrust,including in theeventofsale bytheTrustee ofsuch property, theTrustWscosts, expensesandfees,which
<br />fees shah not exceed $500.00 plus % of 1% of the amount secured hereby and remaining unpaid.
<br />6UBSTITUT16N OF TRUSTEE That Beneficiarymay. from timeitotime. by lnstrumentin writing, substitutes successolor
<br />successors to any Trustee named herein or acting hereunder, which Instrument, executed and acknowledged by
<br />Beneficiary and recorded In the office of the register of deeds of the county orcounties where such property is situated,
<br />shall be conclusive proof of propersubstitution ofsuch Trustee orTrustees who shall without conveyancefromtheTrustee
<br />predecessor. succeed to all its title, estate rights, power and duties.
<br />NO WAIVER BY BENEFICIARY: No waiver by Trustee or Beneficiary of any right under-this Deed of Trust shall be
<br />effective unless in writing. Waiver by Trustee or Beneficiary of any right granted to Trustee or Beneficiary underthis Deed of
<br />Trust or of any provision of this Deed of Trustasto any transaction or occurrences shall not be deemed a waiver asto any
<br />future transaction or occurences. By accepting payment of any sum secured hereby after its due date, or by making any
<br />payment or performing any acton behalf of Trustor that Trustor was obligated hereunder, but failed to make or perform or
<br />by adding any payment so madebyTrustee or Beneficiary to the indebtedness secured hereby. Beneficiarydoes notwaive
<br />Its right to require prompt payment when due of all other sums so secured orto require prompt performance of all other acts
<br />required hereunder, or to declare hereunder, or to declare a default for failure so to pay.
<br />WAIVER OF STATUTE OF LIMITATIONS: Time is of the essence in all Trustor's obligations hereunder, and to theextent
<br />permitted by law, Trustor waives all 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: Beneficiary at any time during the continuation of this Trust may enter and
<br />inspect such property at any reasonable time. Trustor agrees that, when requested by Beneficiary. Trustor will promptly
<br />deliver to Beneficiary such certified financial statements and profit and loss statementsof such types and at such intervals
<br />as may be required by Beneficiary which will be in form and content prepared according to the usual and acceptable
<br />accounting principles and practices, which statements shall cover the financial operations relating to Trustor or such
<br />property and Trustor further agrees when requested by Beneficiary to promptly deliver in writing such further additional
<br />information as required by Beneficiary ieafitirift il:any such financial statements.
<br />REMEDIES: No remedy herein providelihall be exchiiive of any other remedy herein or now or hereafter existing by
<br />law. but shall be cumulative. Every power or remedy hereby given to Trustee or to Beneficiary or to which either of them may
<br />be otherwise entitled, may be exercised from time to time and as often as may be deemed expedient by them. and either of
<br />t
<br />them may pursue inconsistent remedies: N 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 made hereunder and
<br />on any default of Trustor, Beneficiary may, at its optson, offset against any indebtedness secured hereby, and the
<br />Beneficiary is hereby authorized 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 ofthe Trustor to the Beneficiary, any and all sums of
<br />money o Trustor which may have in its possession or under its control. including without limiting the generality of the
<br />foregoing any savings account, deposit, investment certificate, escrow or trust funds.
<br />LAW APPLICABLE: That this Deed of Trust shall be consirued according to the laws of the state of Nebraska _
<br />ILLEGALITY: In the event that any provision or clause of this Deed of Trust conflicts with applicable law, such conflict
<br />shall not affect other provisions of this Deed of Trust which can be given effect without the conflicting provision, and to this
<br />end the provisions of this Deed of Trust are declared to be severable.
<br />GENERAL PROVISIONS. fa)ThisDeed -ofTruslappliesto. inures to the benefit of, andbmds all parties hereto, their heirs,
<br />legatees, devisees, administrators, executors, successors and assigns. (b) the term "Beneficiary'* shall mean the owner
<br />-
<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 numh, ^r irr:::r fe; t: eolu•.aL
<br />and vial versa. (d) Captions and paragraph headings used herein are for convenience only,, are not a part of this
<br />agreement, and shall not be used in construing it. If more-than one person is named herein as Trustor, each obligation of
<br />Trustor shall batheiointand several obligation oteach such person. Tile rights or remedies granted hereunder, or by law,
<br />Lshall not be exclusivi% bid shatlbe concurrent and cumulative.
<br />r�r
<br />TRUSTEE ACCEPTS this Trust when this Deed, duly executed and acknowledged, is made a public'record as provided
<br />ti
<br />by law, Trustee is not obligated to notity any party hereto of pending sale under any other Deed of Trust or any action ot,
<br />proceeding in which Trustor. Beneficiary at Trustee shall be a party_ unless brought by Trustee.
<br />to
<br />�
<br />• Mailing address for notices to T'rusttrr
<br />
|