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<br />the preparation, execution, and interpretation of the Note, this Security Instrument or the other
<br />Loan Documents, and shall be fully protected in relying as to legal matters on the advice of
<br />counsel, (ii) to execute any of the trusts and powers hereof and to perform any duty hereunder
<br />either directly or through his/her agents or attorneys, (iii) to select and employ, in and about the
<br />execution of his /her duties hereunder, suitable accountants, engineers and other experts, agents
<br />and attomeys -in -fact, either corporate or individual, not regularly in the employ of Trustee, and
<br />Trustee shall not be answerable for any act, default, negligence, or misconduct of any such
<br />accountant, engineer or other expert, agent or attorney -in -fact, if selected with reasonable care,
<br />or for any error of judgment or act done by Trustee in good faith, or be otherwise responsible or
<br />accountable under any circumstances whatsoever, except for Trustee's gross negligence or bad
<br />faith, and (iv) any and all other lawful action as Lender may instruct Trustee to take to protect or
<br />enforce Lender's rights hereunder. Trustee shall not be personally liable in case of entry by
<br />Trustee, or anyone entering by virtue of the powers herein granted to Trustee, upon the Property
<br />for debts contracted for or liability or damages incurred in the management or operation of the
<br />Property. Trustee shall have the right to rely on any instrument, document, or signature
<br />authorizing or supporting an action taken or proposed to be taken by Trustee hereunder, believed
<br />by Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual
<br />expenses incurred by Trustee in the performance of Trustee's duties hereunder and to reasonable
<br />compensation for such of Trustee's services hereunder as shall be rendered.
<br />Section 16.4 RETENTION OF MONEY. All moneys received by Trustee shall, until used
<br />or applied as herein provided, be held in trust for the purposes for which they were received, but
<br />need not be segregated in any manner from any other moneys (except to the extent required by
<br />applicable law) and Trustee shall be under no liability for interest on any moneys received by
<br />Trustee hereunder.
<br />Section 16.5 PERFECTION OF APPOINTMENT. Should any deed, conveyance, or
<br />instrument of any nature be required from Borrower by any Trustee or substitute trustee to more
<br />fully and certainly vest in and confirm to Trustee or substitute trustee such estates rights, powers,
<br />and duties, then, upon request by Trustee or substitute trustee, any and all such deeds,
<br />conveyances and instruments shall be made, executed, acknowledged, and delivered and shall be
<br />caused to be recorded and /or filed by Borrower.
<br />Section 16.6 SUCCESSION INSTRUMENTS. Any substitute trustee appointed pursuant to
<br />any of the provisions hereof shall, without any further act, deed, or conveyance, become vested
<br />with all the estates, properties, rights, powers, and trusts of its or his/her predecessor in the rights
<br />hereunder with like effect as if originally named as Trustee herein; but nevertheless, upon the
<br />written request of Lender or of the substitute trustee, Trustee ceasing to act shall execute and
<br />deliver any instrument transferring to such substitute trustee, upon the trusts herein expressed, all
<br />the estates, properties, rights, powers, and trusts of Trustee so ceasing to act, and shall duly
<br />assign, transfer and deliver any of the property and moneys held by such Trustee to the substitute
<br />trustee so appointed in Trustee's place.
<br />Article 17 - NEBRASKA PROVISIONS
<br />Section 17.1 INCONSISTENCIES. In the event of any inconsistencies between the terms
<br />and conditions of the other articles and provisions of this Security Instrument and this Article 17,
<br />the terms and conditions of Article 17 shall control and be binding.
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<br />Nebraska
<br />[ PW. NYi,EGAL:423132.11 20528 -00020 01/26/2006 10:14 AM
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