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202401460
<br />12. No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive of any
<br />other remedy herein or by law provided or permitted, but each will be cumulative, will be in addition to every
<br />other remedy given hereunder or now or hereafter existing at law or in equity or by statute, and may be
<br />exercised concurrently, independently or successively.
<br />13. Trustor acknowledges that the duties and obligations of Trustee will be determined solely by the express
<br />provisions of this trust deed or the Nebraska Trust Deeds Act and Trustee will not be liable except for the
<br />performance of such duties and obligations as are specifically set forth therein, and no implied covenants or
<br />obligations will be imposed upon Trustee; Trustee will not be liable for any action by it in good faith and
<br />reasonably believed by it to be authorized or within the discretion or rights of powers conferred upon it by this
<br />trust deed or state law.
<br />14. The covenants contained in this trust deed will be deemed to be severable; in the event that any portion
<br />of this trust deed is determined to be void or unenforceable, that determination will not affect the validity of
<br />the remaining portions of the trust deed.
<br />15. Trustor hereby requests a copy of any notice of default or notice of sale hereunder to be mailed by certified
<br />mail to Trustor at the address set forth herein.
<br />16. All notices, requests and demands to or upon the respective parties hereto to be effective shall be in
<br />writing and, unless otherwise expressly provided herein, shall be deemed to have been duly given or made
<br />when delivered by hand, or three days after being deposited in the mail, postage prepaid, or, in the case of
<br />delivery by a nationally recognized overnight courier, when received, addressed to one or more of the
<br />individuals executing this trust deed on behalf of such party at the address set forth above, or to such other
<br />address as such party may designate for itself by like notice.
<br />17. Trustor shall promptly provide and/or execute and deliver to Lender such further instruments, including,
<br />but not limited to, mortgages, deeds of trust, security agreements, financing statements, continuation
<br />statements, assignments, certificates, affidavits, addendums, amendments or resolutions in form and
<br />substance satisfactory to Lender that Lender may require to effectuate, complete, perfect, continue or
<br />preserve this trust deed or any other Loan Documents, Obligations or liens related thereto.
<br />18. This trust deed and all of the Loan Documents constitute the entire and complete understanding of the
<br />parties hereto and supersede all prior agreements and understandings relative to the subject matter hereof.
<br />This trust deed may not be effectively amended, changed, altered or modified, except in writing executed by
<br />all parties. To the extent the provisions contained in this trust deed are inconsistent with those contained in
<br />any other Loan Documents, the terms and provisions contained herein shall control. Otherwise, such
<br />provisions shall be considered cumulative.
<br />19. This trust deed may be executed in any number of counterparts and by either party on separate
<br />counterparts, each of which shall be deemed an original, but all of which together shall constitute one and
<br />the same instrument.
<br />20. Time is of the essence in the performance of this trust deed.
<br />21. The terms of this trust deed shall bind and benefit the heirs, legal representatives, successors, and
<br />assigns of the parties; provided, however, that Trustor may not assign this trust deed, or any advances made
<br />hereunder, or assign or delegate any of its rights or obligations, without the prior written consent of Lender.
<br />22. The trust deed shall be governed by, and construed in accordance with, the laws of the State of Nebraska,
<br />except to the extent that the law of any other jurisdiction applies as to the perfection or enforcement of
<br />Lender's security interest in or lien on any Property and except to the extent expressly provided to the contrary
<br />in any Loan Document. In the event that any provision or clause of any of the Loan Documents conflicts with
<br />applicable laws, such conflicts shall not affect other provisions of such Loan Documents which can be given
<br />effect without the conflicting provision, and to this end the provisions of the Loan Documents are declared to
<br />be severable. This instrument can be waived, changed, discharged or terminated only by an instrument in
<br />writing signed by the party against whom enforcement of any waiver, change, discharge or termination is
<br />sought.
<br />23. The acceptance by Lender of any sum in an amount Tess than the sum then due shall not be deemed a
<br />waiver of any default and the Lender's remedies set forth in any Loan Document shall not be impaired or
<br />waived by acceptance of any such partial payment, whether such payment is accepted before or after any
<br />notice of default or notice of sale. Consent by Lender to any transaction or action of Trustor which is subject
<br />to consent or approval of Lender in any Loan Document shall not be deemed a waiver of the right to require
<br />such consent or approval to future or successive transactions or actions.
<br />FORM 5011, Trust Deed and Assignment of Rents 278SK Legal Doc. Date: April 5, 2024
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