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<br />200605274
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<br />now have an organizational identification nwnber and later obtains one, Borrower promptly shall
<br />notify Lender of such organizational identification number.
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<br />Article 16 - DEED OF TRUST PROVISIONS
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<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.
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<br />Section 16.2 TRUSTEE'S FEES. 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.
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<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 sele(:t, employ, and advise with counsel
<br />(who may be, but neednot be, counsel forLender) upon any matters arising hereunder, including
<br />the preparation, execution, and interpretation of the Note, this Security Instrument or the other
<br />Loan Documents, and shall be fuily 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 attorneys-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 />accOlUltant, 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 goodfaitl1,or b~otherwise responsible or
<br />accountabIeunder any circumstances whatsoever, except for Trustee's gross negligence or bad
<br />- faith, atid(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 :qe per~onally liable incase of entry by
<br />,Trustee, .or:anyoneentering by yirtue of the powers ..herei!lgranted to., Trustee, ,pponthe Property
<br />for debts ,contracted-for or liability or dama. ges,incurreditlthe mana,gement ol,"operation of the
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<br />Property. Trustee shall have the right to rely on any instruinent, document, or signature
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<br />Nebraska
<br />[TPW: NYLEGAU056042] 20528-00030 05/131200602:.00 PM
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