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10-13-1999 DEED OF TRUST Page s Loan No 1025600 (Continued) 9 9 110 0 3 0 Successors and Assigns. Subject to the limitations stated in this Deed of Trust on transfer of Trustor's interest, this Deed of Trust shall be binding upon and inure to the benefit of the parties, their successors and assigns. If ownership of the Property becomes vested in a person other than Trustor, Lender, without notice to Trustor, may deal with Trustor's successors with reference to this Deed of Trust and the Indebtedness by way of forbearance or extension without releasing Trustor from the obligations of this Deed of Trust or liability under the Indebtedness. Time Is of the Essence. Time is of the essence in the pertormance of this Deed of Trust. Waivers and Consents. Lender shall not be deemed to have waived any rights under this Deed of Trust (or under the Related Documents) unless such waiver is in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by any party of a provision of this Deed of Trust shall not constitute a waiver of or prejudice the party's right otherwise to demand strict compliance with that provision or any other provision. No prior waiver by Lender, nor any course of dealing between Lender and Trustor, shall constitute a waiver of any of Lender's rights or any of Trustor's obligations as to any future transactions. Whenever consent by Lender is required in this Deed of Trust,the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required. Waiver of Homestead Exemption. Trustor hereby releases and waives all rights and benefits of the homestead exemption laws of the State of Nebraska as to all Indebtedness secured by this Deed of Trust. TRUSTOR'S LIABILITY. This Deed of Trust is executed by Trustor, not personally but as Trustee as provided above in the exercise of the power and the authority conferred upon and vested in it as such Trustee(and Trustor thereby warrants that it possesses full power and authority to execute this instrument),and it is expressly understood and agreed that nothing in this Deed of Trust or in the Note shall be construed as creating any liability on the parf of Trustor personally to pay the Note or any interest that may accrue thereon, or any other Indebtedness under this Deed of Trust,or to perform any covenant either express or implied contained in this Deed of Trust, all such liability, if any, being expressly waived by Lender and by every person now or hereafter claiming any right or security under this Deed of Trust,and that so far as Trustor and its successors personally are concerned,the legal holder or holders of the Note and the owner or owners of any Indebtedness shall look solely to the Property and to other assets of the Trust or to any collateral for this loan for the payment of the Note and Indebtedness, by the enforcement of the lien created by this Deed of Trust in the manner provided in the Note and herein or by action to enforce the personal liability of any guarantor, co-borrower, cosigner, or any other obligor. EACH TRUSTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST,AND EACH TRUSTOR AGREES TO ITS TERMS. TRUSTOR IS EXECUTING THIS DEED OF TRUST, NOT PERSONALLY, BUT AS TRUSTEE UNDER THE TRUST AGREEMENT DESCRIBED AS FRANK D.GION TRUST AND DATED NOVEMBER 1,1987. TRUSTOR: X JOHN A WOLF s Trustee for FR K D.GION TRUST INDIVIDUAL ACKNOWLEDGMENT STATE OF �—J ) )SS COUNTY OF ) On this day before me,the undersigned Notary Public,personally appeared JOHN A W o m own to be the individual described in and who executed the Deed of Trust,and acknowledged that he or s e si the Deed of Trust i r d voluntary act eed,for the uses and purposes therein mentioned. Given under m nd and ofticlal seal this day of ,1g � BY C`4 r':� Nota Public n an r the State f ;i;� •< Fs;, �'?.'�, �"�s,��ivy,�;?�"��,r�,�,�� Residing at � ��"°'- F ` °�yP My commission expires _ � �" ' 9 ra^�'<<i� ,� �(r ds�a ��?1, •� `�0 _ �i "• } � �