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NIUIALle V4 a 'fir , MAC <br />6 <br />.fir c' <br />ARTICLE IV <br />CONCERNING TRUSTEE <br />4.01 Trustee Liabilit . Trustee, by its acceptance hereof, <br />covenants TilMully to perform and fulfill the trusts herein <br />created, being liable, however, only for willful negligence or <br />misconduct, and agrees to accept reasonable compensation for any <br />services rendered by it in accordance with the terms hereof. <br />4.02. Trustee Resignation. Trustee may resign at any time <br />upon giving tai rty ( ) ays notice in writing to Trustor and to <br />Beneficiary. <br />4.03. Appointment of Successor Trustee. Beneficiary easy, <br />from time to time, y a written instrument executed and acknow- <br />ledged by Beneficiary, mailed to Trustor and recorded in the <br />county or counties in which the Property is located and by other- <br />wise complying with the provisions of the applicable laws of the <br />State of Nebraska substitute a successor or successors to the <br />Trustee named herein or acting hereunder. <br />4.04. Reconve ance by Trustee. Upon written request of <br />Beneficiary statIng that all sums secured hereby have been paid <br />and upon surrender to Trustee of this Deed of Trust and the Note <br />or rues secured hereby for cancellation and retention and upon <br />payment of its fees, Trustee shall reconvey, without warranty, <br />the Property then held hereunder. The recitals in such reconvey- <br />ance of any matters or facts shall be conclusive proof of the <br />truth thereof. The grantee in such reconveyance may be described <br />as "the person or persons legally entitled thereto." Partial <br />reconveyance of this Deed of Trust shall be issued in accordance <br />with agreement between Beneficiary and Trustor. <br />ARTICLE V <br />iMISCELLANEOUS <br />5.01. Construction of Deed of Trust. In the event any <br />one <br />or more of t e <br />prov s ons con a n n <br />this Deed of Trust or <br />in <br />the Note or in the Construction Loan <br />Agreement shall for <br />any <br />reown be held <br />to be invalid, illegal <br />or unenforceable in <br />any <br />respect, such <br />invalidity, illegality or unenforceability shall <br />not affect any <br />other provision of these <br />Loan Documents, but these <br />Loan Documents <br />shall be construed as if <br />such invalid, illegal <br />or <br />u. forceable <br />provision had never been contained herein <br />or <br />therein. <br />5.02. 0 110int and Several Liability. All covenants and agree- <br />meats, of Trus or s o n an several. <br />D:.t Deed of Trust is an to any Invalid or 'Unit-n-forcea part of the debt, or <br />arim <br />