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201900607 <br />entire principal sum and the accrued interest shall at once become due and payable at the election of the Beneficiary. <br />Failure to exercise this option because of transfer of title as above stated in one instance shall not constitute a waiver <br />of the right to exercise the same in the event of any subsequent transfer. <br />13. DUTIES OF TRUSTEE. Borrower agrees that: (a) Duties and obligations of Trustee shall be <br />determined solely by the express provisions of this Deed of 'frust and Trustee shall not be liable except for the <br />performance of such duties and obligations as are specifically set forth herein, and no implied covenants or <br />obligations shall he imposed upon Trustee; (h) No provisions of this Deed of "frust shall require Trustee to expend <br />or risk its own (funds, or otherwise incur any financial obligation in the performance of any of its duties hereunder, <br />or in the exercise of any of its rights or power; (e) 'trustee niay consult with counsel of its own choosing and the <br />advice of such counsel shall be full and complete authorization and protection in the respect of any action taken or <br />suffered by it hereunder in good faith and reliance thereon; and (d) Trustee shall not be liable for any action taken by <br />it in good faith and reasonably believed by it to be authorized or within its discretion or rights or powers conferred <br />upon it by this Deed of frust. <br />14. RECONVEYANCE. Upon payment of all sums secured by this Security Instrument, Lender shall <br />request Trustee to reconvey the Property and shall surrender this Security Instrument and all notes evidencing debt <br />secured by this Security Instrument to Trustee. "Trustee shall reconvey the Property without warranty and without <br />charge to the person or persons legally entitled to it. Such person or persons shall pay any recordation costs. <br />15. (HAZARDOUS MATERIALS. Borrower shall keep the Property in compliance with all applicable <br />laws, ordinances and regulations relating to industrial hygiene or enviornmental protection (collectively referred to <br />herein as "lnviornmental Laws") Borrower shall keep the Property free from all substances deemed to be hazardous <br />or toxic under any 1 nviornmental Laws (collectively reffered to herein as "1lazardous Materials"). Borrower hereby <br />warrants and represents to Lender that there are no Hazardous Materials on or under the Property. Borrower hereby <br />agrees to indemnify and hold harmless Lender, its directors, officers, employees and agents, and any successors to <br />Lender's interest, from and against any and all claims, damages, losses and liabilities arising in connection with the <br />claims, damages, losses and liabilities arising in connection with the presents, use, disposal or transport of any <br />Hazardous Materials on, under, from or about the Property. 'the provisions of this section of the Deed of Trust, <br />including the obligation to indemnify, shall survive the payment of the indebtedness and the satisfaction and <br />reconveyance of the lien on this Deed of Trust and shall not he affected by Lender's acquisition of any interest in the <br />property, whether by foreclosure or otherwise. <br />16. This Deed of Trust shall be binding upon the parties hereto and all their assigned and heirs. <br />17. NOTICES. Any notices to Borrower provided for in this Security Instrument shall be given by delivering it or <br />by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to <br />the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be <br />given by first class mail to Lender's address stated herein or any other address Lender designates by notice to <br />Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or <br />Lender when given as provided in this paragraph. <br />18. SUBSTITUTE TRUSTEE. Lender, at its option, niay from time to time remove Trustee and appoint a <br />successor trustee to any Trustee appointed hereunder by an instrument recorded in the C'ounty in which this Security <br />Instrument is recorded. Without conveyance of the Property, the successor trustee shall succeed to all the title, <br />power, and duties conferred upon Trustee herein and by applicable law. <br />DATED this 28th day of January, 2019. <br />Joh Webb, Member <br />ises, L.L.C. <br />Adams County Bank <br />TRUSTEE .' UENEFIC161RY/LF <br />BY: <br />STATE OF NEBRASKA ) <br />)ss. <br />COUNTY OF ADAMS ) <br />Neel J. Ke sc{r.,Execu'tive Vice President <br />The foregoing instrument was acknowledged bel re me this 28"' day of January, 2019 by J & L <br />Westward Enterprises, L.L.C., a Limited Liability Company, by John Webb, Member, in his own right, and <br />he acknowledge the execution of the above Deed of Trust to be his voluntary act and deed. <br />iGeneral Notary . State of Nebraska <br />MARK V. UTTER <br />My Comm. Exp. June 25, 2020. <br />STATE OF NEBRASKA ) <br />)ss. <br />COUNTY OF ADAMS ) <br />Notary <br />V <br />The foregoing instrument was acknowledged before me this 28"' day ofJannary, 2019 by Neel J. Keiser, <br />Executive Vice President of Adams County Bank, a Nebraska Banking corporation, on behalf of the corporation. <br />Notary <br />