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200306662
<br />4.2 Request for Notice. Truster hereby requests that, unless otherwise ➢rescribed by law, a copy of any notice of dept and a
<br />copy of any notice of sale pursuant to are Nebraska Trust Deeds Act be mailed to each Traitor at the Traitor mailing address .set
<br />forth in this Deed of Trost.
<br />ARTICLE V. TRUSTEE
<br />5.1 Action by Trustee. The Trustee named herein shall be clothed with Poll power to act when action hereunder shall be
<br />required. The term "Trustee' shall be consrraed to mean "Trustees" whenever the sense requires. The necessity of the Trustee
<br />herein named, or any successor in trust, making oath or giving bond, is expressly waived.
<br />5.2 Employment of Agents. 'Lim Trustee, or any one acting in it's stead, shall have, in it's discretion, authority to employ all
<br />property agents and auomeys in the execution of this trust and/or in the conducting of any sale made pursuant to the terms hereof,
<br />and to pay for such services rendered out of the proceeds of the sale of the Property, should any be realized; and if no sale be mode
<br />or lithe proceeds of sale be insufficient to pay the same, then Tmstnr hereby undertakes and agrees to pay the cost of such services
<br />rendered to said Trustee- Tmsree may rely on any document believed by it in good faith to be genuine. Alhnoney received by the
<br />Trustee shall, until used or applied as herein provided, be held in tms6 but need not be segregated (except to the cxtcnt required by
<br />law), and the Trustee shall not be liable for interest thereon_
<br />5.3 Indemnification of Trustee. If the Trustcc shall be made a party to or shall intervene in any action or proceeding affecting
<br />the Property or the title thereto, or the interest of the Trustee or Beneficiary under this Deed of Trust, the Ttasten and Beneficiary shall
<br />be reimbursed by 'I castor, immahamly and without demand, for all reasonable tests, charges and attorneys' fees incurred by them
<br />or either of them in any such case, and the same shall be seemed hereby as a further charge and lien upon the Property.
<br />5.4 Successor Trustee. Beneficiary may appoint a successor or replacement Trustee in accordance with the provisions of the
<br />Nehmska Trust Deeds Act.
<br />ARTICLE VI. MISCELLANEOUS
<br />In addition to all other miscellaneous provisions under the Loan Documents which are expressly incorporated as a part of this
<br />Deed of Tract, the following provisions will also apply,
<br />6.1 Term of Deed of Trust. This Deed of Trust shall continue in full force and effect until this Deed of Trost is released_
<br />6.2 Time of the Essence. Time is of the easence with rapier, to payment of the Obligations, the performance of all covenants
<br />of the Trustor and the payment of taxes, assesshnents, end similar charges and insurance premfurns.
<br />6.3 Subrogation. The Beneficiary willbe sabrogated to the lien of any mortgage or other lien discharged, in whole or in part, by
<br />the proceeds of the Note or other advances by the Beneficiary, in which event any soma otherwise advanced by the Beneficiary shall
<br />be dnmediately due and payable, with interest at the default rate set forth in the Loan Documents from the date of advance by the
<br />Beneficiary to the bate of payment by the Toaster, and will be one of the Obligations scratch by this Deed of Trost.
<br />6.4 Choice of Law. This Deed of Trust will be governed by the laws of the state in which the Property is located. For all other
<br />purposes, the choice of law specified in the Loan Documents will govern.
<br />6.5 Severability. Invalidity or uncumbrceability of any provision of this Deed of Trost shall not affect the validity or enforceability
<br />of any other provision.
<br />6.6 Entire Agreement. This Deed of Trust is intended by the Tristan and the Beneficiary as a final expression of this Deed of
<br />Trost and as a complete and exclusive statement of its terns, there being no conditions to the full effectiverwas of this Deed of Trust.
<br />No pawl evidence of any nature shall be used to supplement or modtly any terns.
<br />6.7 Joint Liability; Successors and Assigns. If there is more than one Truster, the liability of the Trusters willbe joint and
<br />several, and the reference to "Tral shall be deemed to refer to each Tmstnr and to all Traitors. The rights, options, powers and
<br />remedies gra cerl in this Deed of Trust and the other Loan Documents shall extend to the Beneficiary and to its successors and
<br />assigns, shall be binding upon the Tmstnr still it successors and assigns, and shall be applicable hereto and nr all renewals,
<br />amendments and/or extensions hereof.
<br />6.11 Indemnification. Except for harm arising from the Beneficiary's or the Trochee's willful misconduct, the Tremor hereby
<br />indemnities and agrees to defend and hold Lim Beneficiary and the Trustee harmless from any and all losses, costs, damages. dawns
<br />and expenses (including, without limitation, attorneys' fees and expenses) of cry kind suffered by or asserted against the Beneficiary
<br />or the Trustee relating to claims by third patties arising cut of the financing provided under the Loan Documents or related to the
<br />Property (including, without limitation, the Bearede aryx failure to perform its obligations rehiring to Environmental Matters described
<br />in Section 2.8 above) or the exercise by the Beneficiary or the Trustee of any of their respective powers, rights and remedies under
<br />this Deed of Trust_ This indemnification and held harmless provision will survive the tcnmination of the Loan Documents and the
<br />satisfaction of this Dead of Trust and Obligations due the Beneficiary.
<br />6.9 Notices. Notice of any record shall be deemed delivered when the record has been (a) deposited in the United States Mail.
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