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<br />200709152
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<br />Article VIII
<br />Trustee.
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<br />Section 8.1
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<br />Liability of Trustee.
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<br />Trustee shall have no liability or responsibility for, and make no warranties in eonnection with,
<br />the validity or enforeeability of any of the Loan Documents or the deseription, value or status of title to
<br />the Property. Trustee shall be protected in acting upon any notice, request, consent, demand, statement,
<br />note or other papcr or document believed by Trustee to be genuine and to have been signcd by the party
<br />or parties purporting to sign the same. Trustec shall not be liable for any error of judgment, nor for any
<br />act done or step taken or omitted, nor for any mistakes of law or fact, nor for anything which Trustee may
<br />do or refrain from doing in good faith, nor generally shall Trustee have any accowltability hereunder
<br />except for willful misconduct or gross negligence. The powers and duties of Trustee hereunder may be
<br />exercised through such attorneys, agents or servants as Trustee may appoint, and Trustee shall have no
<br />liability or responsibility for any act, failure to act, negligence or willful conduct of such attorney, agent
<br />or servant, so long as the selection was made with reasonable care. In addition, Trustee may consult with
<br />legal counsel selected by Trustee, and Trustee shall have no liability or responsibility by reason of any act
<br />or failure to act in accordance with the opinions of such counsel. Trustee may act hereunder and may sell
<br />or otherwise dispose of the Property or any part thereof as herein provided, although Trustee has been,
<br />may now be or may hereafter be, an attorney, officer, agent or employee of Lender, in respect of any
<br />matter or business whatsoever. Trustee, however, shall have no obligation to sell all or any part of the
<br />Property following an Event of Default or to take any other action authorized to be taken by Trustee
<br />hereunder except upon the demand of Lender.
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<br />Section 8.2
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<br />Indemnification of Trustee.
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<br />Grantor agrees to indemnity Trustee and to hold Trustee harmIcss from and against any and all
<br />Claims and Expenses directly or indirectly arising out of or resulting from any transaction, act, omission,
<br />event or circumstance in any way connected with the Property or the Loans, including but not limited to
<br />any Claim arising out of or resulting from any assertion or allegation that Trustee is liable for any act or
<br />omission of Grantor or any other Person in connection with the ownership, development, financing,
<br />operation or sale of the Property; provided, however, that Grantor shall not be obligated to indemnify
<br />Trustee with respect to any Claim arising solely from the gross negligence or willful misconduct of
<br />Trustee. The agreements and indemnifications contained in this Section shall apply to Claims arising
<br />both before and after the repayment of the Loans and shall survive the repayment of the Loans, any
<br />foreclosure or deed in lieu thereof and any other action by Trustee to enforce the rights and remedies of
<br />Lender or Trustee hereunder or under the other Loan Documents.
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<br />Section 8.3
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<br />Substitution of Trustee.
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<br />Lender may appoint a successor or replacement Trustee in accordance with the provisions of the
<br />Nebraska Trust Deeds Act.
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<br />Section 9.1
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<br />Article IX
<br />Miscellaneous.
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<br />Rights, Powers and Remedies Cumulative.
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<br />Each right, power and remedy of Lender or Trustee as provided for in this Deed of Trust, or in
<br />any of the other Loan Documents or now or hereafter existing by Law, shall be cumulative and concurrent
<br />and shall be in addition to every other right, power or remedy provided for in this Deed of Trust, or in any
<br />of the other Loan Documents or now or hereafter existing by Law, and the excrcise or beginning of the
<br />exercise by Lender or Trustee of anyone or more of such rights, powers or remedies shall not preclude
<br />the simultaneous or later excrcise by Lender or Trustee of any or all such other rights, powers or
<br />remedies.
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