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<br />200700361 <br /> <br />" <br /> <br />" <br />4.2 Request for Notice. Trustor hereby requests that, unless otherwise prescribed by law, a copy of any notice of default and a <br />copy of any notice of sale pursuant to the Nebraska Trust Deeds Act be mailed to each Trustor at the Trustor mailing address set <br />forth in this Deed of Trust. <br /> <br />ARTICLE V. TRUSTEE <br /> <br />5.1 Action by Trustee. The Trustee named herein shall be clothed with full power to act when action hereunder shall be <br />required. The term "Trustee" shall be construed 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 /> <br />5.2 Employment of Agents. The Trustee, or anyone acting in it's stead, shall have, in it's discretion, authority to employ all <br />property agents and attorneys 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 made <br />or if the proceeds of sale be insufficient to pay the same, then Trustor hereby undertakes and agrees to pay the cost of such services <br />rendered to said Trustee. Trustee may rely on any document believed by it in good faith to be genuine. All money received by the <br />Trustee shall, until used or applied as herein provided, be held in trust, but need not be segregated (except to the extent required by <br />law), and the Trustee shall not be liable for interest thereon. <br /> <br />5.3 Indemnification of Trustee. If the Trustee 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 Trustee and Beneficiary shall <br />be reimbursed by Trustor, immediately and without demand, for all reasonable costs, charges and attorneys' fees incurred by them <br />or either of them in any such case, and the same shall be secured hereby as a further charge and lien upon the Property. <br /> <br />5.4 Successor Trustee. Beneficiary may appoint a successor or replacement Trustee in accordance with the provisions of the <br />Nebraska Trust Deeds Act. <br /> <br />ARTICLE VI. MISCELLANEOUS <br /> <br />In addition to all other miscellaneous provisions under the Loan Documents which are expressly incorporated as a part of this <br />Deed of Trust, the following provisions will also apply: <br /> <br />6.1 Term of Deed of Trust. This Deed of Trust shall continue in full force and effect until this Deed of Trust is released. <br /> <br />6.2 Time of the Essence. Time is of the essence with respect to payment of the Obligations, the performance of all covenants <br />of the Trustor and the payment of taxes, assessments, and similar charges and insurance premiums. <br /> <br />6.3 Subrogation. The Beneficiary will be subrogated 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 sums otherwise advanced by the Beneficiary shall <br />be immediately 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 date of payment by the Trustor, and will be one of the Obligations secured by this Deed of Trust. <br /> <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 /> <br />6.5 Severability. Invalidity or unenforceability of any provision of this Deed of Trust shall not affect the validity or enforceability <br />of any other provision. <br /> <br />6.6 Entire Agreement. This Deed of Trust is intended by the Trustor and the Beneficiary as a final expression of this Deed of <br />Trust and as a complete and exclusive statement of its terms, there being no conditions to the full effectiveness of this Deed of Trust. <br />No parol evidence of any nature shall be used to supplement or modify any terms. <br /> <br />6.7 Joint Liability; Successors and Assigns. If there is more than one Trustor, the liability of the Trustors will be joint and <br />several, and the reference to "Trustor" shall be deemed to refer to each Trustor and to all Trustors. The rights, options, powers and <br />remedies granted 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 Trustor and its successors and assigns, and shall be applicable hereto and to all renewals, <br />amendments and/or extensions hereof. <br /> <br />6.8 Indemnification. Except for harm arising from the Beneficiary's or the Trustee's willful misconduct, the Trustor hereby <br />indemnifies and agrees to defend and hold the Beneficiary and the Trustee harmless from any and all losses, costs, damages, claims <br />and expenses (including, without limitation, attorneys' fees and expenses) of any kind suffered by or asserted against the Beneficiary <br />or the Trustee relating to claims by third parties arising out of the financing provided under the Loan Documents or related to the <br />Property (including, without limitation, the Beneficiary's failure to perform its obligations relating 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 hold harmless provision will survive the termination of the Loan Documents and the <br />satisfaction of this Deed of Trust and Obligations due the Beneficiary. <br /> <br />6.9 Notices. Notice of any record shall be deemed delivered when the record has been (a) deposited in the United States Mail, <br /> <br />1714NE <br /> <br />Page 6 of 8 <br />