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88100097
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Last modified
3/9/2007 5:40:57 PM
Creation date
3/9/2007 4:28:46 AM
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DEEDS
Inst Number
88100097
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<br />r <br /> <br />88- 100097 <br /> <br />specifically set forth herein, and no implied covenants or <br />obligations shall be imposed upon Trustee, <br /> <br /> <br />(b) No provision of this Deed of Trust shall require <br />Trustee to expend or risk its own fun~s, or otherwise incur <br />any financial obligation in the performance of any of its <br />duties hereunder, or in the exercise of any of its rights or <br />powers. <br /> <br />(c) Trustee may consult with counsel of its own <br />choosing and the advice of such counsel shall be full and <br />complete authorization and protection in the respect of any <br />action taken or suffered by it hereunder in good faith and <br />reliance thereon, and <br /> <br />(d) Trustee shall not be liable for any action taken by <br />it in good faith and reasonably believed by it to be <br />authorized or within its discretion or rights or powers <br />conferred upon it by this Deed of Trust. <br /> <br />28. Security Agreement and Fixture Filing. This Deed <br />of Trust shall constitute a security agreement and fixture <br />filing under the provisions of the Nebraska Uniform <br />Commercial Code with respect to those fixtures described in <br />the preambles hereof as constituting a part of the Trust <br />Property, together with all other property of Trustor, either <br />similar or dissimilar to the same, now or hereafter located <br />at or on the Trust Property. <br /> <br />29. Future Advances. Upon request of Trustor, <br />BenefiCiary, at Beneficiary's option, prior to full <br />reconveyance of the Trust Property by Trustee to Trustor, may <br />make future advances to Trustor. such future advances, with <br />interest thereon, shall be secured by this Deed of Trust. At <br />no time shall the principal amount of the Indebtedness <br />sF~ured by the Deed of Trust, not including sums advanced to <br />protect the security, exceed the total sum of $800,000.00. <br />Advances of disbursements made by Beneficiary to protect the <br />security, under the terms hereof, while discretionary, shall <br />not be deemed to be optional advances. <br /> <br />30. Reconveyance. Upon payment of all Indebtedness <br />secured by this Deed of Trust, Beneficiary shall request <br />Trustee to reconvey the Tl~ust Property and shall surt~ender <br />this Deed of Trust and all y.otes evidenc.ing Indebtedy.ess <br />secured by this Deed of Trust to Trustee. Trustee shall <br />reconvey the Trust Property without warranty and without <br />charge to the person or persons legally entitled thereto. <br />Such person or persons shall pay all costs of recordation, if <br />any. <br /> <br />31. Substitute Trustee. Beneficiary, at its option, <br />may from time to time remove Trustee and appoint a Successor <br />Trustee to any Trustee appointed hereunder by an instrument <br /> <br />L <br /> <br />L <br /> <br />L <br /> <br /> <br /> <br />r- <br />i <br />i <br />I <br />I <br />I <br /> <br />~ <br /> <br /> <br />," <br />~. <br /> <br />... <br /> <br />--3 <br />
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