|
200604018
<br />Security Instrument. Borrower is an organization of the type specified in the first paragraph of
<br />this Security Instrument. Borrower is incorporated in or organized under the laws of the state
<br />specified in the first paragraph of this Security Instrument. Borrower's principal place of
<br />business and chief executive office, and the place where Borrower keeps its books and records,
<br />including recorded data of any kind or nature, regardless of the medium or recording, including
<br />software, writings, plans, specifications and schematics, has been for the preceding four :months
<br />(or, if less, the entire period of the existence of Borrower) the address of Borrower set forth on
<br />the first page of this Security Instrument. Borrower will not change or permit to be changed (a)
<br />Borrower's name, (b) Borrower's identity (including its trade name or names), (c) Borrower's
<br />principal place of business set forth on the first page of this Security Instrument, (d) the
<br />corporate, partnership or other organizational structure of Borrower, (e) Borrower's state of
<br />organization, or (f) Borrower's organizational number, without notifying Lender of such change
<br />in writing at least thirty (30) days prior to the effective date of such change and, in the case of a
<br />change in Borrower's structure, without first obtaining the prior written consent of Lender,
<br />unless such consent is not required pursuant to the other Loan Documents. If Borrower does not
<br />now have an organizational identification number and later obtains one, Borrower promptly shall
<br />notify Lender of such organizational identification number.
<br />Article 16 - DEED OF TRUST PROVISIONS
<br />Section 16.1 CONCERNING THE TRUSTEE. Trustee shall be under no duty to take any
<br />action hereunder except as expressly required hereunder or by law, or to perform any act which
<br />would involve Trustee in any expense or liability or to institute or defend any suit in respect
<br />hereof, unless properly indemnified to Trustee's reasonable satisfaction. Trustee, by acceptance
<br />of this Security Instrument, covenants to perform and fulfill the trusts herein created, being
<br />liable, however, only for gross negligence or willful misconduct, and hereby waives any
<br />statutory fee and agrees to accept reasonable compensation, in lieu thereof, for any services
<br />rendered by Trustee in accordance with the terms hereof. Trustee may resign at any time upon
<br />giving thirty (30) days' notice to Borrower and to Lender. Lender may remove Trustee at any
<br />time or from time to time and select a successor trustee. In the event of the death, removal,
<br />resignation, refusal to act, or inability to act of Trustee, or in its sole discretion for any reason
<br />whatsoever Lender may, without notice and without specifying any reason therefor and without
<br />applying to any court, select and appoint a successor trustee, by an instrument recorded wherever
<br />this Security Instrument is recorded and all powers, rights, duties and authority of Trustee, as
<br />aforesaid, shall thereupon become vested in such successor. Such substitute trustee shall not be
<br />required to give bond for the faithful performance of the duties of Trustee hereunder unless
<br />required by Lender. The procedure provided for in this paragraph for substitution of Trustee
<br />shall be in addition to and not in exclusion of any other provisions for substitution, by law or
<br />otherwise.
<br />Section 16.2 TRUSTEE's PEES_ Borrower shall pay all reasonable costs, fees and
<br />expenses incurred by Trustee and Trustee's agents and counsel in connection with the
<br />performance by Trustee of Trustee's duties hereunder and all such costs, fees and expenses shall
<br />be secured by this Security Instrument.
<br />Section 16.3 CERTAIN RIGHTS. With the approval of Lender, Trustee shall have the
<br />right to take any and all of the following actions: (i) to select, employ, and advise with counsel
<br />(who may be, but need not be, counsel for Lender) upon any matters arising hereunder, including
<br />17
<br />Nebraska
<br />[TPW: NYLEGAL.423132.1] 20528 -00020 01/26/2006 10:14 AM
<br />
|