|
■
<br />oil
<br />0
<br />1
<br />•
<br />•
<br />$9- F-
<br />104682,
<br />thereof, the rental payable thereunder. 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.oltw action in connection
<br />therewith, or with a lessee thereunder, which would have the effect of impairing the vatue of lessors Interestthereunder or
<br />the property subject thereto. or of impairing the position or interestof theTrustee or Beneficiary; or(f) sell, assign, pledge,
<br />mortgageor otherwise dispose of.or encumber Its-interest in anysaid lease or any rent% issues or profits issueing or rising
<br />thereunder.
<br />DUTIES OF THE TRUSTEE: Trustor agrees that; (a) the duties and obligations of Trustee shall be determined solely by
<br />the express provisions of this € eed at 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 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 financial
<br />obligation in the performance of any of its duties hereunder or in the exercise of any of its rights or powers, if it shall have
<br />grounds for believing thattherepaymentof such funds cradequate indemnity againstsuch risk or liability 13notreasonably
<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 />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 discharge all c aA fees and expenses of this
<br />Deed of Trust, including in the event of sale by the Truster of such property, theTrusteocdWA expenses and fees, which
<br />fees shaft not exceett $500.00 .Qfus of 1% of the arrta► rf; secured hereby and- remirav t paid.
<br />SUBSTITUTION OF TRUSTE�;That Beneficiary may fr timeto lm.e, by inshiment in w :�;: , . substitutea successor or
<br />successors to any Trustee named hereirl'.pr acting hereunder;. *lxich instrument, exiamd'ad and acknowledgOd' -by
<br />Beneficiary and reenrded in the office of tfyA register of deeds of th/a county or counties *ice such property is WrAted.
<br />shall be conclusiveprootof propersubstitutfon of such Trustee orTrustees whoshall without conveyancefron►theTrustee
<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'undei this Deed of Trust shall be
<br />effective unless in w icing. Waiver by Trustee or Beneficiary of any right granted to Trustee or Seneficiaryi underthis Deed of
<br />Trust or O1 any provision of this Deed of Trust as to any transaction or occurrers e°s shall not be deemesi .q waiver as to any
<br />future transaction or occurenps. By accepting payment of any sum secured hereby after its due date. >Cu'by making any
<br />payment or performing any act +, n behalf of Trustor that Trustor was obligated hereunder, but failed to make or perftiifi or
<br />by adding any payment;so made byTrustee or Beneficiary to the indebtedness secured her* ,, Beneficiary does not war ;ve
<br />its rightto require prompt payment when due of all other sums so secured or to require pronat 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 the extent.
<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 "titinuation of this Trust may enter and
<br />inspect such property at any reasonable time. Trustor agrees that. when requisirtrd by Beneficiary, Trustor will promptly
<br />deliver to Beneficiary Such certified financial. statements and profitand loss statements of rwx; h types and atsuch irrliaiWs
<br />as may be required, by Beneficiary which wiil'ibe in form and corrtnW,prepared accord tiq to the usual and acceolrable
<br />accounting principieW and practices, which !�--iernenis_ shall cover the financial operations relating to Trustor or such
<br />property and Trustor further agrees when rerfu*stiedby Beneficiary to promptly deliver in writing such further additional
<br />information as required by Beneficiary relatthg, rj :,,,,nV aucxw financial statements.
<br />REMEDIES: No remedy herein provided shaft be exclusive 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 mayfa ,deemed expedient bythem, and either of
<br />them may pursue inconsistent remedies. If Beneficiary holds any addftional security for any obligation secured hereby, it
<br />may enforce the sate thereof at its option, either before, contemporarfeously with, or after the safe is made hereunder and
<br />on any default of Trustor. Beneficiary may, at its option, offset against any indebtedness secured hereby, and. the
<br />Beneficiary is hereby authorized and empowerad at its option, without any obligation so to do, and without affecting the
<br />obligations hereof, to apply toward the pay-nent of any (n.debtedness of the Trustor to the Beneficiary, any and all sums of
<br />money of Trustor which may have in its possession or under its control, including without limiting the Senerafity of the
<br />foregoing any savings account. deposit, hwe,5(ment certificate, escrow or trust funds.
<br />LAW APPLICABLE: That this Deed of TrusI shall be construed according to the laws of the state of __Nebraska
<br />ILLEGAUTY: in the event that any provision or clause of this Deed of Trust conflicts with applicable law, such conflict
<br />shall not affectother provisions of this Deed of Trustwhich can begiven effect withoutthe conflicting provision. and tothis
<br />end the provisions of this Deed of Trust are declared to be severable.
<br />GENERAL PROVISIONS: (a) This Deed of Trustapplies to, inures tothe 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 shad not be used in construing it If more than one person is named herein as Trustor, each obligation of
<br />Trustor shall bethe 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 thisTrust when this Deed. duly executed and acknowledged. is madea public record as provided
<br />by law. Trustee is not abligated to notify any pariy heteiu of pending sale under any ottver Deed o! Trust or any action os
<br />proceeding in which Trustor. Beneficiary or Trustee shall be a parts, unless brought by 'Trustee.
<br />Mailing address for riotices to Trustor
<br />.a
<br />WJ
<br />
|