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<br />Without limiting the generality of the foregoing, in the event the maturity of all or
<br />any part of the principal amount of the Obligations shall be accelerated for any reason, then such
<br />principal amount so accelerated shall be credited with any interest theretofore paid thereon in
<br />advance and remaining unearned at the time of such acceleration. If, pursuant to the terms of
<br />this instrument, the Credit Agreement or the Guarantee and Collateral Agreement, any funds are
<br />applied to the payment of any part of the principal amount of the Obligations prior to the
<br />maturity thereof, then (a) any interest which would otherwise thereafter accrue on the principal
<br />amount so paid by such application shall be canceled, and (b) the Obligations remaining unpaid
<br />after such application shall be credited with the amount of all interest, if any, theretofore
<br />collected on the principal amount so paid by such application and remaining unearned at the date
<br />of said application; and if the funds so applied shall be sufficient to pay in full all the
<br />Obligations, then Beneficiary shall refund to Grantor all interest theretofore paid thereon in
<br />advance and remaining unearned at the time of such acceleration. Regardless of any other
<br />provision in this instrument, the Guarantee and Collateral Agreement or in any of the written
<br />evidences of the indebtedness guaranteed by the Guarantee and Collateral Agreement, Grantor
<br />shall never be required to pay any unearned interest on the Obligations or any portion thereof,
<br />and shall never be required to pay interest thereon at a rate in excess of the Highest Lawful Rate
<br />construed by courts having competent jurisdiction thereof.
<br />32. Homestead. Grantor represents and covenants that the Mortgaged Property forms
<br />no part any property owned, used or claimed by Grantor as a business or residential homestead,
<br />or as exempt from forced sale under the laws of the State of Nebraska, and disclaims and
<br />renounces all and every such claim thereto.
<br />33. Substitute Trustee In case of the resignation of the Trustee, or the inability
<br />(through death or otherwise), refusal or failure of the Trustee to act, or at the option of
<br />Beneficiary or Required Lenders for any other reason (which reason need not be stated), a
<br />substitute trustee may be named, constituted and appointed by Beneficiary or the Required
<br />Lenders, without other formality than an appointment and designation in writing, which
<br />appointment and designation shall be full evidence of the right and authority to make the same
<br />and of all facts therein recited, and this conveyance shall vest in the substitute trustee the title,
<br />powers and duties herein conferred on the Trustee originally named herein, and the conveyance
<br />of the substitute trustee to the purchaser(s) at any sale of the Mortgaged Property of any part
<br />thereof shall be equally valid and effective. The right to appoint a substitute trustee shall exist as
<br />often and whenever from any of said causes, the Trustee, original or substitute, resigns or cannot,
<br />will not or does not act, or Beneficiary or the holder(s) of a majority of the Indebtedness desires
<br />to appoint a new Trustee. No bond shall ever be required of the Trustee, original or substitute.
<br />The recitals in any conveyance made by the Trustee, original or substitute, shall be accepted and
<br />construed in court and elsewhere as prima facie evidence and proof of the facts recited, and no
<br />other proof shall be required as to the request by Beneficiary or the Required Lenders to the
<br />Trustee to enforce this Deed of Trust, or as to the notice of or holding of the sale, or as to any
<br />particulars thereof, or as to the resignation of the Trustee, original or substitute, or as to the
<br />inability, refusal or failure of the Trustee, original or substitute, to act, or as to the election of
<br />Beneficiary or the holder(s) of a majority of the Indebtedness to appoint a new Trustee, or as to
<br />appointment of a substitute Trustee, and all prerequisites of said sale shall be presumed to have
<br />been performed; and each sale made under the powers herein granted shall be a perpetual bar
<br />against Grantor and the heirs, personal representatives, successors and assigns of Grantor.
<br />Trustee, original or substitute, is hereby authorized and empowered to appoint any one or more
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