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Or�t��,t,,�l Fyt7R�..;ipt:r�� .. .�} ,'. �: <br />.I <br />I <br />/1 <br />1, ', y' 11 <br />,ty •.�,,' S t `, 1 [. <br />� t�� •., <br />7 ,•: <br />{fr F,ti'!; t aifl4J� <br />,�%i )ltd ;iar' �r„ <br />rt: F�::'�`•;,.::�� <br />r .,y • � 'r r la'�!lF. -.f• y� <br />< <% <br />S <br />'�9.'. <br />,i. <br />, <br />- <br />�•:Ni1„�'+i'.t <br />I;i�i;'. <br />Tom" <br />n. <br />90-407183 <br />thereot, the rental payable thereunder, or to change any renewal provisions therein contained; (d) waive any default <br />flerookkndar or breech therec+f: (s) give any consent, waiver or approval thereunder or take any other action in connection . -- <br />therewith, or with a team thereunder, which would have the effect of impairing the value of lessors interest inerauridar or <br />theproperty subject thereto, or of impairing the position or Interest of the Trustee or Beneficiary. or (f) sell, assign, pledge, <br />mmongage or otherwise dispose of, or encumber its interest in any said lease or any rents, issues or profits issueing or rising , <br />thereunder. t�nn � ` _ <br />DUTIES OF THE TRUSTEE: Truster agrees that; (a) the duties and obligations of Trustee shall be determined solety by -.- •- ,_,,,,,:�,. <br />the express provisions of this Deed of Trust and the Trustee shalt not be liable except for the performance of such dupes • ..: -- <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 />groundsfor 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 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 descrelion or rights of powers conferred upon it by this Deed of Trust. <br />TRUSTEE'S FEES: Truster expressly covenants and agrees to pay and discharge all cost, fees and expenses of this <br />Deed of Trust, including in the event of sale by the Trustee of such property, the Trustee's costs, expenses and fees, which <br />fees shall not exceed $600.00 plus W of 1 % of the amount secured hereby and remaining unpaid. <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 hereunder, which instrunugnt, executed and acknowledged by <br />Beneficiary and recorded in the office of the register of deeds of the county or counties where such property is situated, <br />shall beconclusive proof of proper substitution of such Trustee or Trustee0.who shall 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 Beneficiary of any right under this Deed of Trust shall be <br />effective unless in writing. Waiver by Trustee or Beneficiary of any right granted to Trustee or Beneficiary under this Deed of <br />Trust orof any provision of this Deed of Trust as to any transaction or occurrences shall not be deemed a waiver as toany <br />future 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 behalf of Trustor that Trustor was obligated hereunder, but failed to make or perform or <br />by adding any payment so made by Trl istee or Beneficiary to the indebtedness secured hereby. Beneficiary does not waive <br />its right to require prompt payment when due of all other sums so secured or to require prompt performance of all other acts <br />required hereunder, or to declare hereundev, 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, Trrustor waives all present or future statutes of limitations with respect to any debt, demand or obligation <br />secured hereby ir, 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 continuation of this Trust may enter and <br />inspect such property at any reasonable time Trustor agrees that, weer requested by Beneficiary, Trustor will promptly <br />deliverto Beneficiary such certified financial statements and profit and loss statements of such typos and at such intervals <br />as may be required by Beneficiary which will be in form and content prepared according to the usual and acceptable <br />accounting principles and practices, which statements shall cover the financial operations relating to Trustor or such <br />property and Trustor further agrees when requested by Beneficiary to promptly deliver 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 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 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 sale 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 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 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, deposit, investment certificate, escrow or trust funds. <br />LAW APPLICABLE: That this Deed 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 affect other provisions of this Deed of Trust which can be given effect without the 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 Trust applies to, inures to the 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 reauues. the masculine gender includes the feminine and neuter, the singular number includes the plural, <br />J �� 1V{. <br />and vice versa. (d) Captions and paragraph headings used herein are io: convenience uriiy, ate not a par. v, th. <br />agreement, and shall not be used in construing it. If more than one person 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 />shall not be exclusive, but shall be concurrent and cumulative <br />TRUSTEE ACCEPTSthis Trust when this Deed. duly executed and acknowledged, is made a public record as prow ded <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. <br />Mailing address for notices to Trustor: <br />.i <br />t• <br />