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<br />88- .103086
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<br />thereot. the rental payable thereunod, or 10 changs any renewal provIsions therein contained: (d) waive any delault
<br />thereunder or breech thereol: (e) give any consent. waiver or approval thereu.lder or take any other action in connection
<br />therewith, or with a lessee thereunder, which would have the effect 01 impairing the value of lessors interestthereunder or
<br />the proporty subjecllhereto. or 01 impairing the position Jr Interest 01 the Trustee or Beneliciary; or (f) sell, assign, pledge.
<br />mortgage or otherwise dispose 01, or encumber its Inter dSt in any said lease or any rents, issues or profits issueing or rising
<br />thereunder
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<br />DUTIES OF THE TRUSTEE: Truslor agrees that; (a) the dulles and obligations 01 Trustee sha!1 be determined solely by
<br />the express provisions 01 this Deed 01 Trust and the Trustee shall not be liable except lor the performance of such duties
<br />and obligations as are specilically sel lorth herein, and no implied covenants or obligations shall be imposed upon the
<br />Trustee; (b) no prool this Deed of Trust shall require Trustee to expend or risk its own funds, or otherwise incur financial
<br />obligation in the performance 01 any 01 its duties hereunder. or in the exercise 01 any 01 its rights or powers. if it shall have
<br />grounds lor believing that the repayment of such lunds or adequate indemnity against such risk or liability is not reasonably
<br />assured to it, (c) Trustee may consull With counsel 01 its own choosing and the advice 01 such counsel shall be full and
<br />complete authorization and protection In the respect 01 any action taken or suffered by it hereunder in good laith and in
<br />reliance thereon; (d) Trustee shall not be liable lor any action taken by it In good faith and reasonably believed by it to be
<br />authorized or Within Ihe descretlon or rights of powers conferred upon it by this Deed of Trust
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<br />TRUSTEE'S FEES. Trustor expressly covenants and agrees to pay and discharge all cost. lees and expenses of this
<br />Deed 01 Trust. Including in the evenl of sale by the Trustee 01 such property, the Trustee's costs. expenses and fees. which
<br />fees shall not exceed $500.00 plus 'h of 1% 01 the ..mount se-::ured hereby and remaining unpaid,
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<br />SUBSTITUTION OF 1 RUSTEE: ThaI BenefiCiary may. from lime to time, by Instrument in writing. substitute a successor or
<br />successors to any Trustee namec herem or acllng l1enunder, which mstrument, executed and acknowledged by
<br />Benehclaryand recorded In the office 01 the raglster of deeds of the county or counties where such property is situated.
<br />shall be conclUSive proof of proper sub!ltltutlon 01 such Trustee or Trustees who shall wlthoul conveyance from the Trustee
<br />predecessor, succeed 10 all ItS title. esta',e rights, power and duties
<br />
<br />NO WAIVE~ BY BENEFICIARY No waiver by Trustee or BenefiCiary 01 any nght under thiS Deed of Trust shall be
<br />effective unless m WrltlOg, Waiver by Trustee or BenefiCiary of any right granted to Trustee or Beneficiary under this Deed of
<br />T rust or 01 any prOVISion ot thiS Deed ot T rust as to anylransacllon or occurrences shall not be deemed a waiver as to any
<br />future transaction or occurences By accepting payment of any sum secured hereby after its due date. or by making any
<br />payment or performing any act on behalf of Trustor that Trustor was obligated hereunder, but tailed to make or perform or
<br />by adding any paymenl so made by Trustee or BenefiCiary to the Indebtedness secured hereby, Beneficiary does not waive
<br />ItS nght 10 require prompt payment when due of all other sums so secured or to require prompt performance 01 all other acts
<br />reqUired hereunder, or to declare hereunder, or to declare a defau It for failure so to pay
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<br />WAIVER OF ST A TUTE OF LIMIT A TIONS Time IS ot the essence In all Trustor's obligations hereunder. and to the extent
<br />permlned by law. Trustor waives all present or luture statutes olltmltatlons with respect to any debt. demand or obllgatton
<br />secured hereby In any action or proceeding tc>r the purpose ot enforCing thiS Trust or any nght or remedies hereunder.
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<br />INSPECTION AND BUSINESS RECORDS Benehclary at any time dunng the contmuatlon of thiS Trusl may enter and
<br />"'spect such property at any reasonable time Trustor agrees that, when requested by BenefICiary, Trustor will promptly
<br />deliver to Beneliclary such certified linanclal statements and prrfit and loss statements 01 such types and at such intervals
<br />dS may be reqUired by Beneficiary which Will be In lorr,l and contenl prepared according to the usual and acceptable
<br />accounfing pnnclples and practices, which stattrments shall co""!r the finanCial operations relating to Trustor or such
<br />property and Trustor lurther agrees when requested by Beneflcltuy to promptly dehver In wnting such further additiona'
<br />information as reqUired by BenefiCIary relallng to any such hnanclal statements
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<br />REMEDIES No remedy herem prOVided shall be excluSive of any other remedy herein or now or hereafter eXisting by
<br />law, but shall be cumulative Every power or remedy hereby given to Trustee or to Beneficiary orto which either olthem may
<br />be otherWise enlltled, may be exerCised 'rom time to time and as often as may be deemed expedient by them, and either of
<br />them may pursue InconSistent remedies" BenefiCiary holds any addlllonal secunty tor any obligation secured hereby. It
<br />may enlorce the sale thereof at ItS option, either before, conlemporaneously with, or after the sale IS made hereunder and
<br />on any delault 01 Trustor. BenefiCiary tnay, al ItS opllon, ollsel against any Indebtedness secured hereby, nnd the
<br />BenefiCiary IS hereby authOrized and empowered at ItS oplton. Without any obligation so 10 do. and without affecting Ihe
<br />obligations hereol, to apply toward the payment 01 any Indebtedness of the Trustor to the Benellclary, any and all sums ot
<br />money of Trustor which may have In ItS possession or under ItS control, Includmg Without limiting the generality ollhe
<br />roregolng any savings account. deposl!. Investment certificate. escrow or Irust'unds
<br />
<br />LAW APPLICABLE That thiS Deed of TrUSI shall be construed according to the laws of the state 01
<br />
<br />Nebraska
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<br />IllEGALITY In the event that any prOVISion or claus\; of Ihls Deed 01 Trust conlhcts wllh applicable law suCh confllcl
<br />shall not affect other prOVISions 01 thiS Deed 01 Trust which can be given effect wlthoul the confltctlng proVISion. and tnthls
<br />end the proVISions of thiS Deed of Trust are declared 10 be severable.
<br />
<br />GENERAL PROVISIONS (a) ThiS Deed of Trust applies to, Inures 10 Ihe bene'" 01, and binds all parties hOlcto,lhelr heirs,
<br />legatees, deVisees. administrators, execulors, successors and assigns. (b) the term "BenefiCiary" shall mean the owner
<br />and holder (Including a pledgee) 01 any note secured hereby, whether or not named as BenefiCiary herein (c) Wherever
<br />the conte~t so reqUires, the masculine gender Includes tne feminine and neuter, the Singular number Includes the plural,
<br />and vice versa. (d) Captions and paragraph headlnus u~ed herf'in are lor convenience only, are not a part ot thiS
<br />agreement. and shall nol be used in construing II. " more than one person IS named herein as Truslor, each obllgahon 01
<br />Truslor shall bethe 10lnl and several obligallon of each such pertlon The rights or remedlesgrnnted hereunder, or by law,
<br />shall nol be exclUSive, bul shall be concurrent and curnula;lve
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<br />TRUSTEE ACCEPTS thiS Trust when thl9 Deed. duly e~ecuted and acknowledged, IS made 0 public record l\!l prOVided
<br />by law Trustee IS nol obligated to notlty any party hereto 01 pending sale under any other Deed ot Tlust or Any action or
<br />proceeding ,n which Truslor, Benellcoary or Trustee shall be B party, unless brought by Trustoo
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<br />MaIling f1ddrOM lor "011 CO!! 10 Tru!!lor
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