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F 7 <br />89^.. 103350 <br />thereof, the rental payable thereunder, or to change any renewal provisions therein contalned; (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 Truster or Beneficiary; or (f) sell, Mign, pledge, <br />mortgage or otherwise dispoae Of. Or encumber ifs Interest in any said lease or any rents, Issues or profits issuelng Or rising <br />thereunder. <br />DUTIES OF THE TRUSTEE: Trustor agrees that (a) the duties and obligations of Trustee shalt be dsiarmined solely by <br />the express provisions of this Deed of Trust and the Trustee *hall not be liable except for the performance of such duties <br />and obligations As are specifically AM forth herein, and no Implied covenants or obligations shall be Nnpowd upon So <br />Trustee; (b) no proof this Deed of Trust shall require Trustee to expand or risk its own funds. cr otherwise incur financial <br />obligation in the performance of any of its duties hereunder, Orin the exercise of any of No rights or powers. N h shall have <br />grounds for believing thatthe repayment of such funds or adequate indemnity Against such risk or liability Is not reasonaWy <br />assured to it ( e ► Trustee may consult with counsel of its own choosing and the advice of such counsel shall be full and <br />complete suilhoozation and protection in the respect of any action taken or suffered by it hereunder in good OWN. and in <br />reliance thereon; (d) Trustee shall not be liable for any action taken by it in good faith and reasonably believed by Itto be <br />authorized or within the descretion or righu of powers conferred upon it by this Deed of Trust. <br />TRUSTEES FEES, Trustor expressly covenants and agrees to pay and discharge all cost, fees and expenses of this <br />Deed of Vast, including in #0 event of sale bytheTrusfte- of such property. ftTru*1Ws costs. expenses and few which <br />fen shall not 011n d SM.W plus % of 1% of tens aw#Mpl 4 mcured 1'iixeby and remaining unpaid. <br />SUBSTITUTION OF TRUSTEE;.That Beneficiary may. IfQm timeto time. by instrument in writing. substitute a successor or <br />mxcessora to any Trustee named herein or acting hereunder, which instrument. executed and acknowledged by <br />Beneficiary and recorded in the office of ow register of deeds of such property is situated. <br />b <br />shall be conclusive wool of proper substitution of such Trustee or tColliveyance fromtheTrustee <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 unteas in writing. Waiver by Trustee or Beneficiary of any right granted to Trustee or Beneficiary under this Dead of <br />Trust or of any prov kW on of this Deed of Trust as to any transactionv ar, occurrences shall not be deemed a waiver asto any : <br />future transaction or occurences. By accepting payment of any such secured hereby after its due date, or by making any <br />payrn"tor pae WWI eeling any act an behalf of Trustor that Trustor was obligated hereunder. but failed to make or perfo+m or — <br />by addirrg,arly p t so mad#by Trustee or Beno iclwW to the indebtedness secured hereby. Beneficiary does not waive <br />itsrighttoroquirs,0 .m trrenptpaYmbnt*v wjduwofaltotIWsumssosecuredortoreq uirepromptperformanceWallottwWN <br />,�.. , .........e..........�...r... h.a�e„ r, nr in etar_tars a defiult fix failure so to Day. <br />WAIVER.OF STATUTE OF LIMITATIONS: Time is of the essence in all Trustoi's obligations hereunder; and to the extent <br />pa" "tom ty !Aw. 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 rerias T....�+.w:• <br />INSPECTION AND BUSINESS RECORDS: Beneficiary at any tin,ee during the continuation of this Trust may soiree and <br />inspect such property at any reasonable time. Trustor agrees that when requested by Beneficlary, Trustor will prornplfy <br />deliver to Beneficiary such cer0fled financial statements and profit and toss stpMments of such types andat 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 principlso and practices, which statements shall cower T* financial operations relating to Truster +~ar,suCh <br />property and Trustor further agrees when requested by Beneficl cy. to promptly deliver in writing such further addlMonal <br />information as required by Beneficiary relating to any such financiAl statements. <br />REMEDIES: No remedy herein provided shall be excVuesLve *f imy other remedy herein or now or hereafter existing by <br />law. but shall be cumulative. Every power or remedy herebygiver. to- Trustee or to Beneficiary or to which either ofttnem may <br />be otherwise entitled, may be exercised from time to time and as o ten as may be deemed expedient by them, 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 a> its option. either before, contemporaneously with, or after the sale is made hereunder and <br />on any default of Trustor, abneficiary may. at its option. offset against any. indebtedness secured hereby. and the <br />Beneficiary is hereby authorized and emp 3 wired at its option, wits wt any obigation so to do, and without affecting the <br />obligations hereof. to apply toward the peyawt of any indebtedn+ oaf the Truster to the Saneficiary, any and elf sums of <br />money of Trustor which may have in its possession or under its control. including without limiting the generality;of the <br />for Kp'r any savings account, deposit, investment ce— Mficate, escrow or trust funds. <br />LAW APPLICABLE: That this Deed of trust shall be Construed.. according to the laws of the state of NebUsha <br />ILLEGALITY- In the event that any provision or clause of this Deed of Trust conflicts with applicable law, such conflict <br />!hall not affect other provisions of this Deed of Trust which can be given effect without the conflicting provision. and to this <br />and the provisions of this Deed of Trust are declared to be severable. <br />GENERAL PROVISIONS: (a) This Deed of Trust applies to, inures tothe benefit of, and binds all parties hereto, their heirs, <br />IagaMliee, 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 v►oe versa. (d) Captions and paragraph headings used herein are for convenience only, are not a part of this <br />sWeemernt, and shall not be used in construing it If more than one person is named herein as Trustor, each obligation of <br />Trustor shall be the joint and several obligation of each such person The rights or remedies granted hereunder. or by law, <br />shall 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 />by law Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or any action or <br />proceeding in which Trustor. Beneficiary or Trustee shall be a parry, unless brougn3 by Trustee � f <br />M ++ <br />r�d.t;ry .ItlCtess fit novices In Truslot <br />W <br />