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tt. . <br />106723 <br />thereof, tt;a rental payable thereunder, or to change any 1Knawal provisiona therein contained; (d ►wales any default <br />thereunder or breech utersot; (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 effectof impairing the value of lessors Interestthereunder of <br />the property subject thereto. or of impairing the position or interest of the Trustee or Beneficiary; or (f) sell, assign, pledge~ <br />mortgage or otherwise dispose of, or encumber its 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 shall be determined solely by <br />the exptess provisions of this Deed of 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 Dead 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 that the repayment of such funds or adequate indemnity against such 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 suffered by it hereunder in good faith and in <br />reliance Me'reon; (d) Trustee shall not be Ilable for any action taken by it in good faith and reasonably believed by it to be <br />authorized or within the descretlon 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 cost, fees and expenses of this <br />Deed of Trus% including in the event of sale by the Trustee of such property. the Trustee's costa, expenses and fees~ which <br />fees shall not exceed $500.00 plus % of 1% of the arnount secured hereby and remaining unpaid. <br />f i; <br />• AO..•� <br />SUBSTITUTION OF TRUSTEE: That Beneficiary may, from time to time, by instrument in writing, substitute a successor or <br />successors to any Trustee named herein or acting heireur.rfier, which instrument executed and acknowledged by <br />Beneficiary and recorded in the office of the register of ftdd ds of ifTe county or counties where such property is situated, <br />shall be conclusive proof of proper substitution of such Trustee c r't<rustees who shall withouf:cr; nveyance from theTru.stee <br />predecessor. succeed to all its title, estate rights, pouter and duties. <br />NO WAIVER BY BENEFICIARY: No waiver by Trustee or Beneficiary of any right urtW this Deed of Trust shall be <br />effective unless.f n writing. Waiver by Trustee or Beneficiary of any right granted to Trustee OF (:raneficiary underthis Deed of <br />Trust or of any. provision of this Deed of Trust as to any transaction or occurrences shal? rail I,. a deemed a waiver as to any <br />future transaction or occurences. By accepting payment of any sum secured hereby after.is due date, or by making any <br />payment or peg arming any act on behalf of Trustor that Trustor was obligated hereunder, but failed to make or perform or <br />by adding any payment so made by Trustee or Beneficiary to the indebtedness secured hereby. Beneficiary does not waive <br />Its right to regcxre prompt payment when due of all other sums so secured or to quire prompt performance Wall otheracts, <br />required hervinder, or to declare hereunder, or to declare a default for failure so to pay. <br />WAIVER O.F STATUTE OF LIMITATIONS: Time is of the essence in all Trustoir's obligations hereunder, and to the extent <br />permitted by law, Trustor waives all present or future aW::tes 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 BUSiNE: S RECO101 I3=1101 icirry at any ? »me during tha 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 />deEver to Beneficiary such certified financial statements and profit and loss statements of such types and at such intervals <br />as may be required by Beneficiary which will be in farm and content prepared according to the usual and acceptable <br />a=aunting principles and practices, which statements shalt cover the financial operations relating to Trustor or such <br />proonyc am, Trustor further agrees when requested by Beneficiary to prggV dyfivpr in writing such further additional <br />information as required by Beneficiary relating to any such financial statements. <br />REMEDIES: No remedy herein provided shall 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 orto 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 />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 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 empowered a1 its option, without any obligation so to do, and without affecting the <br />obligations hereof, to apply toward th,e payment of any indebtedness 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 generality of the <br />foregoing any savings account, depos':t, °nvestment certificate, escrow or trust funds. <br />LAW APPLICABLE: That this Deed of Trust shalt be construed according to the laws of the state of Nebraska <br />ILLEG,AVrYt rn the event ttia2 WY pmvision or clause of this Deed of Trust conflicts with applicable law, such conflict <br />shall natasf.ertatherpraysia sa f= tt• r; sllyedofTrustwhichcanbegiveneffectwithouttheconflictingprovision ,and:fathis <br />end ttre prow :ions of Wni�s Deed of 'Trust are declared to be severable. <br />GENERPAL PROVISiGIVZ: (a) This Deed of Trust applies to, inures lathe benefit of, and binds all parties hereto, their heirs,. <br />I :eta +saes. de4isees, administrators, er eecutors, successors and assigns. (bi the terra °Beneficiary" shall mean the. Owner <br />arrdl aC+ 'I raciuding a pledgee) ofi iny. note secured hereby, whrather or not named as Beneficiary herein. (c) WInW 3r <br />'&a 6antcext so requires, the masculine' gender includes the feminine and neuter, the si ngullar number includes the p4ra LL <br />acrd vice versa. (d) Captions and paragraph headings used herein are for convenience only, are not a part of this <br />a4reement, and shall not be used in construing it If more than one person is named herein as Truster, each obligiition of <br />Trustor shalt bethe jointand 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 asprovided <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 brought by Trustee. <br />Mailing address for notices to Trustor: <br />