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88~i 11n~891 thereof, the rental payable thereunder, or to change any renewal provisions tllereih contained; (d) waive any default thereunder or breech thereof; (e) give any consent, waiver or approval thereunder or take any other action In connection Iherewith, or with a lessee thereunder. which would have Ihe effect of impairing the valueaf lessors Interestthereunder or Ihe property subject thereto. or of Impairing the position or Interest ofthe 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 Ihe express provisions of this Deed 01 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 ol-'igation in the performance of any of its duties hereunder, or In the exercise of any of Its rights or powers,lf it shall have grounds for believing that the repayment of such lunds 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 comple!a 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 conlerred upon it by this Deed of Trust TRUSTEE'S FEES: Trustor expressly covenants and agrees to pay and discharge all cost, fees and expenses 01 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 ''<' of 1 % of the amount secured hereby and remaining unpaid, SUBSTITUTION OF TRUSTEE: That Beneficiary may,lrom time to lime, 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 o. deeds of the county or counties where such property is situated, shall be conclusive proof of proper substitution 01 such Trustee or Trustees who shall without conveyance from the Trustee predecessor, succeed to all its litle, estate rights. power and duties. NO WAIVER BY BENEFICIARY: No waIver by Trustee or BenefICIary of any right under this Deed 01 Trust shall be effective unless in wrihng, WaIVer by Trustee or Beneficiary of any right granted to Trustee or Beneficiary under this Deed of Trust or of any provision ollhis 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 01 any sum secured hereby after its due date, or by making any payment or performmg any act on beha" 01 Trustor that Trustor was obligated hereunder. but tailed 10 make or perform or by addinlll'lny payment so made by Trustee or Beneficiary 10 the indebtedness secured hereby, Beneficiary does not waive its right to require prompt payment when due of all olher sums so secured or to require prompl perlormance of all other acts required hereunder, or to declare hereunder, or 10 declare a default for failure so to pay. WAIVER OF STATUTE OF UMIT A TlONS 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 on any action or proceeding tor the purpose 01 enforcing this Trust or any right or remedies hereunder. INSPECTION AND BUSINESS RECORDS BenefiCIary at any time during the continuation of Ihis Trust may enter and onspect such property at any reasonable tIme Trustor agrees that. when requested by BenefiCiary, Trustor will promptly deliver to Beneliclary such certified fInanCial statements and profit and loss statements 01 such types and at such Intervals as may be required by Benellciary which will be on form and content prepared according to the usual and acceplable accounting principles and practices. which statements shall cover the financial operatio~ relating to Trustor or such property and Truslor further agrees when requested by BenefiCiary to promptly deliver In Wl'ltlng such further additional information as requIred by BenefiCiary relatong 10 any such finanCial statemenlS. 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 10 Trustee or to BenefiCIary or to which either of them may be otherwise entitled, may be exerCised from tIme 10 tIme and as olten as may be deemed expedienl by them, and either of them may pursue onconsistent remedies. If BenefICiary holds any additional security tor an,' :;iJligation secured hereby, it may enforce the sale thereof al its opllon, ellher belore. contemporaneously with, or after the sale is made hereunder and on any delaull of Trustor, BenefiCiary may. at ItS option. offset agaonst any ondebtedness 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 ondebtedness oflhe 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 Ihe foregoing any savings account depOSIt. In\lestmenl certificate. escrow or Irust funds. LAW APPUCABLE. That this Deed of Trust shall be construed according to Ihe laws 01 the state of Nebraska ILLEGAUTY: In the event that any prOVISIon or clause of this Deed 01 Trust conflicts with applicable law, such conflict shall not affect other provisions of thiS Deed of Trust which can be given effect withoul the conflicting provision. and 10 this end the provisions 01 this Deed of Trust are declared 10 be severable. GENERAL PROVISIONS: (a) ThIS Deed of Trust applies to, inures to the benefit 01, 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 B pledgee) of any note secured hereby. whether or not named as Beneficiary herein, (c) Wherever Ihe context so requires, the masculine gender Includes the feminine and neuter, the singular number includes the plural, and vice very, (d) Captions and paragraph headings used herein ere for convenience only. are not a part of thiS agrtlfrlneflt. and shall not be Ulled in construing it " more than one person is named herein as Trustor, each obligation 01 Trustor IIhall be the jOlOtaod several obllgalion of each such person. The rights or remedies granted hereunder. or by law, shall not be excluSive, but shall be concurrent and cumulalive TRUSTEE ACCEPTS this Trusl when this Deed, duly executed and acknowledged. IS made a public record as prOVIded by law Trustee is not obllgaled to nouly any party herelo of pending sale under any olher Deed ot TrusI or any actIon or proceeding In which Trustor. Beneficiary or Trustee shall be a party. unless brought by Trust~ Ma.hnll address 10' notlCilS to T ruslo.