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87- 107400 I thereof, the rental payable thereunder, or to change any renewal provisions therein contained; (d) waive any default thereunder or breech thereof; (e) give any consent, waiver or approval thereunder or take any other action in connection therewith, or with a lessee thereunder, which would have the effect of impairing the value of lessors interest thereunder or the property subject thereto, or of impairh1g the position or interest of the Trustee or Beneficiary; or (f) sell, assign, pledge, mortgage or otherwise dispose of, or encumber its interest in any said lease or any rents, issues or profits issueing or rising thereunder. DUTIES OF THE TRUSTEE: Trustor agrees that; (a) the duties and obligations of Trustee shall be determined solely by the express provisions 01 this Deed of Trust and the Trustee shall not be liable except for the performance of such duties, and Obligations as are specifically set forth herein, and no implied covenants or obligations shall be imposed upon the Trustee; (b) no proof this Deed of Trust shall require Trustee to expend or risk its own funds, or otherwise incur financial obligation in the performance of any of its duties hereunder, or in the exercise of any of its rights or powers, if it shall have grounds for believing that the repayment of such funds or adequate indemnity against such risk or liability is not reasonably assured to it; (c) Trustee may consult with counsel of its own choosing and the advice of such counsel shall be full and complete authorization and protection in the respect of any action taken or suffered by it hereunder in good faith and in reliance thereon; (d) Trustee shall not be liable for any action taken by it in good faith and reasonably believed by it to be authorized or within the descretion or rights of powers conferred upon it by this Deed of Trust. TRUSTEE'S FEES: Trustor expressly covenants and agrees to pay and discharge all cost, fees and expenses of this Deed of Trust, including in the event of sale by the Trustee of such property, the Trustee's costs, expenses and fees, which fees shall not exceed $500,00 plus V2 of 10/0 of the amount secured hereby and remaining unpaid, SUBSTITUTION OF TRUSTEE: That Beneficiary may, from time to time, by instrument in writing, substitute a successor or successors to any Trustee named herein or acting hereunder, which instrument, executed and acknowledged by Beneficiary and recorded in the office of the register of deeds of the county or counties where such property is situated, shall be conclusive proof of proper substitution of such Trustee orTnJstees who shall without conveyance from the Trustee predecessor, succeed to all its title, estate rights. power and duties. ' , i:. NO WAIVER BY BENEFICIARY: No waiver by Trustee or Beneficiary of any right under this Deed of Trust shall be effective unless in writing, Waiver by Trustee or Beneficiary of any right granted to Trustee or Beneficiary under this Deed of Trust or of any provision of this Deed of Trust as to any transaction or occurrences shall not be deemed a waiver as to any future transaction or occurences, By accepting payment of any sum secured hereby after its due date, or by making any payment or performing any act on behalf of Trustor that Trustor was obligated hereunder, but failed to make or perform or by adding any payment so made by Trustee or Beneliciary to the indebtedness secured hereby, Beneficiary does not waive its right to require prompt payment when due of all other sums so secured orto require prompt performance of all other acts required hereunder. or to declare hereunder. or to declare a default for failure so to pay. WAIVER OF STATUTE OF LIMITATIONS: Time is of the essence in all Trustor's obligations hereunder; and to the extent permitted by law, Trustor waives all present or future statutes of limitations with respect to any debt, demand or obligation secured hereby in any action or proceeding for the purpose of enforcing this Trust or any right or remedies hereunder. INSPECTION AND BUSINESS RECORDS: Beneficiary at any time during the continuation 01 this Trust may enter and inspect such property at any reasonable time. Trustor agrees that, when requested by Beneficiary, Trustor will promptly deiiver to Beneficiary such certified financial statements and profit and loss statements of such types and at such intervals as may be required by Beneficiary which will be in form and content prepared according to the usual and acceptable accounting principles and practices, which statements shall cover the financial operations relating to Trustor or such property and Trustor further agrees when requested by Beneficiary to promptly deliver in writing such further additional information as required by Beneficiary relating to any such financial statements, REMEDIES: No remedy herein provided shall be exclusive of any other remedy herein or now or hereafter existing by law. but shall be cumulative, Every power or remedy hereby given to Trustee or to Beneficiary or to which either ofthem may be otherwise entitled, may be exercised from time to time and as often as may be deemed expedient by them, and either of them may pursue inconsistent remedies. If Beneficiary holds any additional security for any obligation secured hereby, it may enforce the sale thereof at its option. either before, contemporaneously with, or after the sale is made hereunder and on any default of Trustor, Beneficiary may. at its option, offset against any indebtedness secured hereby, and the Beneficiary is hereby authorized and empowered at its option. without any obligation so to do, and without affecting the obligations hereof, to apply toward the payment of any indebtedness of the Trustor to the Beneficiary, any and all sums of money of Trustor which may have in its possession or under its control, including without limiting the generality of the foregoing any savings account, deposit, investment certificate. escrow or trust funds, LAW APPLICABLE: That this Deed of Trust shall be construed according to the laws of the state of Nebraska ILLEGALITY: In the event that any provision or clause of this Deed of Trust conflicts with applicable law, such conflict shall not affect other provisions of this Deed of Trust which can be given effect without the conflicting provision, and to this end the provisions of this Deed of Trust are declared to be severable, L GENERAL PROVISIONS: (a) This Deed of Trust applies to. inures to the benefit of, and binds all parties hereto, their heirs, legatees, devisees, administrators. executors, successors and assigns, (b) the term "Beneficiary" shall mean the owner and holder (including a pledgee) of any note secured hereby. whether or not named as Beneficiary herein, (c) Wherever the context so requires, the masculine gender includes the feminine and neuter. the singular number includes the plural, and vice versa. (d) Captions and paragraph headings used herein are for convenience only, are not a part of this agreement, and shall not be used in construing it. If more than one person is named herein as Trustor. each obligation of Trustor shall be the joint and several obligation of each such person, The rights or remedies granted hereunder, or by law, shall not be exclusive, but shall be concurrent and cumulative, TRUSTEE ACCEPTS this Trust when this Deed, duly executed and acknowledged. is made a public record as provided by law, Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or any action or proceeding in which Trustor, Beneficiary or Trustee shall be a party, unless brought by Trustee, r I f Mailing address for notices to Trustor: !.- ,-:,~;io r~!'~?: t~ HI I Oii ~:i~ ll~~_,~ t~~ ,-.--- r ~. ~