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<br />of Trust may decrease or increase from time to time, but the total unpaid balance so secured at any one time
<br />shall not exceed the maximum principal amount of $10,000,000.00, plus interest, and the amount of all
<br />Protective Advances made by Grantee, with interest on those advances.
<br />6.02 Trustee. The Trustee may resign at any time by written instrument to that effect
<br />delivered to Grantee. Grantee shall be entitled to remove, at any time or from time to time without cause,
<br />the Trustee. In case of the death, removal, resignation, refusal to act, or the inability to act of the Trustee,
<br />Grantee shall be entitled to select and appoint a successor trustee hereunder by an instrument duly executed,
<br />acknowledged and recorded in the manner provided by applicable law, and any such successor trustee shall
<br />thereupon succeed as trustee hereunder and to all of the rights, powers, duties, obligations, authority, title
<br />and estate of Trustee as if specifically named herein, provided no defect or irregularity in the resignation
<br />or removal of Trustee or in the appointment of a successor trustee or in the execution and recording of such
<br />instrument shall affect the validity of said resignation, removal, or appointment or any act or thing done
<br />by such successor trustee pursuant thereto. Trustee covenants faithfully to perform and fulfill the trust
<br />herein created; provided, however, Trustee shall not be liable to any party, including without limitation
<br />Grantee, Grantor or any purchaser of the Property, for any loss or damage unless due to reckless or willful
<br />misconduct, and shall not be required to take any action in connection with the enforcement of this Deed
<br />of Trust unless indemnified, in writing, for all costs, compensation or expenses which may be associated
<br />therewith. In addition, Trustee may become a purchaser at any sale of the Property (judicial or under the
<br />power of sale granted herein); postpone the sale of all or any portion of the Property, as provided by law;
<br />or sell the Property as a whole, or in separate parcels or lots.
<br />6.03 Liens. No lien provided for by the statutes of the State of Nebraska, in force at any
<br />time while the lien hereof exists, in favor of any person who furnished labor or materials in the erection
<br />or repair of any Improvements now or hereafter on the Property, shall attach to the Property, except as
<br />subject and subordinate to the lien of this instrument, and any person dealing with said Property after the
<br />recording of this instrument is hereby charged with notice of and consent to this stipulation, and with a
<br />waiver of any lien except as subject and subordinate hereto.
<br />6.04 Taxation. [Intentionally omitted.]
<br />6.05 Covenants to Run with the Land. Every covenant, agreement, condition, promise
<br />and undertaking herein, of said Grantor, shall run with the Premises, is a condition upon which the loan
<br />secured hereby was made, and is of the essence of this instrument, and any breach of any covenant,
<br />agreement, condition, promise or undertaking shall be deemed a material breach going to the substance
<br />hereof.
<br />6.06 Gender and Number. Whenever used, the singular number shall include the plural,
<br />the plural the singular and the use of any gender shall include all genders. If there is more than one
<br />Grantor, all obligations of this Deed of Trust shall be joint and several.
<br />6.07 Security Agreement. This "instrument is intended to be a security agreement pursuant
<br />to the Uniform Commercial Code for any of the items specified above as part of the Property which, under
<br />applicable law, may be subject to a security interest pursuant to the Uniform Commercial Code, and
<br />Grantor hereby grants Grantee a security interest in said items. Grantor agrees that Grantee may file this
<br />Deed of Trust, or a reproduction or summary hereof, in the real estate records, personal property index,
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