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$90"- 103719
<br />thereof, the rental payable thereunder, or to change any renewal provisions therein contained; (d) waive any default
<br />thereunder or breech th~, (e) give any consent. waiver or approval thereunder or take any other action in connection
<br />therewith, or with a lessee thereunder. which would hove 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 />F mortgage or otherwise dispose of, or encumber it* interest in any Bald lease or any rantti*, issues or profits issueing or rising
<br />thereunder.
<br />DUTIES OF THE TRUSTEE: Truster agrees that (a) the duties and obligations of Trust" "I be deterrtt no solely by
<br />the express provisions of this Deed of Trust and the Trustee *hail not be liable except for the performance of such duties
<br />and obligations as are specifically sat forth her". and no hnjAed covenants or 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 finanoW
<br />obligation in the performance of any of its duties hereunder, or in file exercise of any of he rights or powers, If It shall have
<br />grounds for believing that the repayment of such funds or adequate Indemnityagainstsuch risk or liability is not reasonably
<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 suff load by it hereunder in good faith and in
<br />reNenee thereon; (d) Truslste shall ro be liable for any action taken by it In good faith and reasonably believed by it to be
<br />auhorized 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 discharge sail cost; fees and expenses of this
<br />Deed of Trust, u., iudingintheeventofsalebyt heTrusteeofsuchproperty. theTrvsWe'scosts,expensesand*a% which
<br />Jim shall not exceed $500.00 plus W of 1% of the ar ount secured hereby and remaining unpadd,.
<br />SUBSTITUTION OF TRUSTEE: That Bensficiarymay. from timeto time. by instrument in writing. substitute a successor or
<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 or counties whore such property is situated.
<br />shall be conclusive proof of properwAntitution of such Trustee or Trustees who shalt 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 Senefrciary of any right,under this Deed of -Trust shall be
<br />effective unless n writing. Waiver by Tiuvee or Beneficiary of any right granted to Trus*eor Beneficiary underthis Deed of
<br />Trus* or of any provision of this DsedaolTrustas toany!ransaction or occurrences stall notbedeemeda waiverasto any
<br />fulu,re transaction or occurences. By accepting payment of any sum secured hereby after its due date, or by making any
<br />payment or performing any act on behaH of Trustor that Trustor was obligated hereunder, but failed to make or perform or
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<br />by adding any payment so made by Trustee or Beneficiary to the indebtedness secured hereby. Beneficiary does not waive
<br />its fight to require prompt payment wNM. due of all other sums so secured or to require prompt performance of all other acts
<br />required hereunder. or to declare hemunder, or to declare a default for failure so: to pay.
<br />WAIVER OF STATUTE 6F LIMITATIONS: Time is of the essence in all Trustoesobligations hereunder, and to the extent
<br />permitted by law. Truster waives ail present or future statutes of limitations with respect to any debt, demand or obligation
<br />secured hereby in any action or proceeding fordo purpose of enforcing this Trust or any right or men iea heatreunder.
<br />INSPECTION AND BUSINESS RECORDS: Beneficiary at any time during the continuation of this Trust may enter arid'
<br />Inspect such property at any reasonable time. TNstor agrees that, when requested by Beneficiary, Truster will promptly
<br />deliver to Beneficiary such certified fiamcial statements and profit and loss statements of such types and atewh intervals
<br />as maybe required by Beneficiary which will be in form and content prepared apcarding to the usual and acceptable
<br />accounting principles and practices; . sirhich statements shall cover tft+.> ial dppa ---- arit�laiing to Trustor or such
<br />property and Trustor further agrees when requested by Beneficiary to��wtwilib �itirig such further additional
<br />information as required by Beneficial 'Telating to any such financial x
<br />REMEDIES.14o remedy herein pro Ailed shall be exclusive of any other remedy herein or now w hereaflivexisting by
<br />law. but shall ire cumulative. Every po weror remedy hereby given to Trustee of to Beneficiary or to which either of them may
<br />be b1herwise entitled, may be exercised from time to time and as often as maybe 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 at its option, either before. contemporaneously with. or after the sale is made hereunder and
<br />on any default of Trustor. Beneficcaary may, at its option, offset against any indebtedness secured hereby. and the
<br />Beneficiary is hereby authorized arks 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 Wo Trustor to the Beneficiary. any and aN sums of
<br />money of Truster which may have in its possession or under its control,'Ihcluding without limiting the generality of the
<br />foregoing any savings account deposit, investment certificate, escrow ortrust funds,
<br />LAW APPLICABLE: That this Deem of Trust shall be construed 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 afW other provisions of this Deed of Trust which can be given effect withoulthe conflicting provision, and to this
<br />end the provisions of this Deed of Trust are declared to be severable.
<br />GENERAL PROVISIONS: (a) This Deed of Trustappliesto, inurestothe benefitof.and binds all parties hereto,their heirs. . -
<br />legalees, 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 shall not be used in construing it If more than one parson 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 />Lshall 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 provk2ed
<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 party. unless brought by Trustee.
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<br />!.!ailing addyess for notices to Trustor 'y
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