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proof of proper substitution of such TrustesorTrustess who shall without conveyance from the Trustee predecessor, succeed to <br />all its title, =late, rights, power and duties. <br />NO WAIVER BY BENEFICIARY: No waiver by Trustee or Beneficiw7 of any right under this Deed of Trust shall be ef- <br />fective anlese in writing. Waiver by Trustee or Beneficiary of any right granted to Trustee or Beneficiary under this Deed of <br />Trust or of any provision of this Dead ofTrost as to any transaction or occurrences shall not be deemed a waiver as to any fu- <br />ture transaction or occurrences. By accepting payment of any sum secured hereby after its due date, or by maidng any pay <br />ment or performing any act on behrilf of Trustee that Trastor was obligated hereunder, but failed to make or perform orby ad- <br />ding any payment so made by Trustee ou doneficiary to the indebtedness secured hereby, Beneficiary do= not waive its right <br />to require prompt payment when due of all other sums so secured or to require prompt performance of all other acts m4uired <br />hencnder, or to declare a default for failure so to pay. <br />WAIVER OF STATUTE OF [.IMITATIONS: Time is of the essence in all Trustor'sobligat(ons hereunder, and to the extent <br />permitted by law, Truster waive, all present or future statutes of limitations with respactto any debt, demand orobligation sw <br />cured hereby in my action or proceeding for the purpose of enforcing this Trust or any right or remedies hereunder. <br />INSPECTION AND BUSINESS RECORDS: Beneficiary at any time during the continuation of this Trust may enter and <br />inspect each property at any reasonable time. Truster agrees that when requested by Beneficiary, Truster will promptly de- <br />liver to Beneficiary such certified Handal statements and profit and low statements of such types and at such intervals as <br />may be required by Beneficiary which will be in form and con" prepared according to the usual and acceptable accounting <br />principles and practices, which statements shall corer the financial operations relating tolrustororsuch property andTrust. <br />or Awther agrees when requested by Beneficiary to promptly deliverin writing such further additional information as required <br />by Beneficiary relating to any sash financial statements. <br />C� <br />�..� <br />REMEDIEEL No remedy herein provided shall be exciaeive of any other remedy herein or now or handler existing by law, <br />but shall be cumulative. Every power or remedy hereby given to Trustee or to Beneficiary or to which either of them may be <br />G otherwise entitled, may be exercleed from time to time and as often as may be deemed expedient by them, and either of them <br />4 may pursue inconsistent remedies. If Beneficiary holds any additional security for any obligation secured hereby, it may <br />_ J enforce the side thereof at its option, either bef ore, contemporaneously with, or after the sale is made hereunder and on any do- <br />fault of Tractor, Beneficiary may, at its option, offset against any indebtedness secured hereby, and the Beneficiary is hereby <br />authorised and empowered at its option, without any obligation so to do, and without affecting the obligaltns hereof, to apply <br />00 toward the payment of any indebtedness of the Truster to the Beneficiary, any and all sums of money of Trustor which may <br />00 have in its possession or ander its control. including without limiting the generality of the foregoing any savings account, de- <br />posit, investment certificate, escrow or tract funds. <br />LAW APPLICABLE: That" Deed of Trust shall be construed according to the laws of the state of Nebraska <br />1LLEGAUMM In the event that any provision or clause of this Deed of Trust conflicts with applicable law, such conflict <br />shall not affect other provisions of this Deed of Trust which can be given effect without the conflicting provision, and to this <br />end the provisions of this Deed of Trust are declared to be severable. <br />GENERAL PROVISIONS: (a) This Deed of Trust applies to, inures to the benefit of, and binds all parties hereto, their heirs, <br />legatees, devisees, administrators, executors, successors and assigns. (b) the term "Beneficiary" shall mean the owner and <br />holder (including a pledges) of any note secured hereby. whether or not names as Beneficiary herein. (c) Wherever the context <br />so requires, the masculine gooderincludes the famininaand neater, the singular number includes the plural, and vice varsa.(d) <br />Captions and paragraph headin=g= used herein are for convenience only, are not a part of fhb agreement, and shall not be used <br />in constrains it. If more than one person is named herein ere Truetor, each obligation of Truster shall be th e joint and several <br />obligation of each each pawn. The rights orremedim granted hereunder, or by law, shall not be exclusive, but shall becencunr <br />rent and cumulative. <br />TRUSTEE ACCEPTS this Trust when this Deed, duly executed and acknowledged, in made a public record w provided by <br />law. Tmotes is not obligated to notify any party hereto of pending sale under any other Deed of Trust or any action or proceed- <br />ing in which Truster. Beneficiary or Trustee shall be a party. unless brought by Trustee. <br />Mailing address for notices to'ruster. <br />David Luton <br />106 North First Street <br />Doniphan, NE <br />IN WITNESS WHEREOF, Truster has executed this Deed of Trust on the dote first above written. <br />David Luton <br />(CORPORATE BEAL) <br />