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202500373 <br />Indebtedness in such order as Lender, in Lender's discretion, directs; and (iii) the <br />excess, if any, to the person or persons legally entitled thereto. <br />32. Reconveyance. Upon payment of the Indebtedness, Lender will request Trustee to <br />reconvey the Mortgaged Property and will surrender this Instrument and the Note to <br />Trustee. Trustee will reconvey the Mortgaged Property without warranty to the person or <br />persons legally entitled thereto. Such person or persons will pay Trustee's reasonable <br />costs incurred in so reconveying the Mortgaged Property. <br />33. Substitute Trustee. Lender, at Lender's option, may from time to time remove Trustee <br />and appoint a successor trustee to any Trustee appointed under this Instrument by an <br />instrument recorded in the county in which this Instrument is recorded. Without <br />conveyance of the Mortgaged Property, the successor trustee will succeed to all the title, <br />power and duties conferred upon the Trustee in this Instrument and by applicable law. <br />34. Request For Notices. Borrower, for itself and for each party hereto, hereby requests a <br />copy of any notice of default and a copy of any notice of sale hereunder be mailed to <br />them at the applicable addresses stated in the first paragraph on page one of this <br />Instrument. <br />35. WAIVER OF TRIAL BY JURY. <br />(a) BORROWER AND LENDER EACH COVENANTS AND AGREES NOT <br />TO ELECT A TRIAL BY JURY WITH RESPECT TO ANY ISSUE <br />ARISING OUT OF THIS INSTRUMENT OR THE RELATIONSHIP <br />BETWEEN THE PARTIES AS BORROWER AND LENDER THAT IS <br />TRIABLE OF RIGHT BY A JURY. <br />(b) BORROWER AND LENDER EACH WAIVES ANY RIGHT TO TRIAL <br />BY JURY WITH RESPECT TO SUCH ISSUE TO THE EXTENT THAT <br />ANY SUCH RIGHT EXISTS NOW OR IN THE FUTURE. THIS WAIVER <br />OF RIGHT TO TRIAL BY JURY IS SEPARATELY GIVEN BY EACH <br />PARTY, KNOWINGLY AND VOLUNTARILY WITH THE BENEFIT OF <br />COMPETENT LEGAL COUNSEL. <br />36. Attached Riders. The following Riders are attached to this Instrument: None. <br />37. Attached Exhibits. The following Exhibits, if marked with an "X" in the space provided, <br />are attached to this Instrument: <br />Exhibit A <br />Exhibit B <br />Exhibit C <br />Description of the Land (required) <br />Modifications to Instrument <br />Ground Lease Description (if applicable) <br />REMAINDER OF PAGE INTENTIONALLY LEFT BLANK <br />Nebraska <br />Multifamily Deed of Trust, Assignment of Rents <br />and Security Agreement <br />Page 20 <br />