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6-- 104404 proof of proper substitution of such Trustee or Trustees who shall without conveyance from the Trustee predecessor, succeed to all its title, estate, rights, power and duties. NO WAIVER 13Y BENEFICIARY: No waiver by Trustee or Beneficiary of any right under this Deed of Trust shall be ef. fective unless in writing. Waiver by Trustee or Beneficiary of any right granted to Trustee or Beneficiary under this Deed of Trust or of any provision of this Deed of Trust as to any transaction or occurrences shall not be deemed a waiver as to any fu- ture transaction or occurrences. By accepting payment of any sum secured hereby after its due date, or by making any pay- ment or performing any act on behalf of Trustor that Trustor was obligated hereunder, but failed to make or perform or by ad• ding any payment so made by Trustee or Beneficiary to the indebtedness secured hereby, Beneficiary does not waive its right to require prompt payment when due of all other sums so secured or to require prompt performance of allother acts required hereunder, or to declare a default for failure so to pay. WAIVER OF STATUTE OF LIMITATIONS: Time is of the essence in all Trustor's obligations hereunder; and to the extent permitted by law, Trustor waive@ all present or future statutes oflimitations with respect to any debt, demand or obligation ae- 'cured hereby in any action or proceeding for the purpose of enforcing this Trust or any right or remedies hereunder. INSPECTION AND BUSINESS RECORDS: Beneficiary at any time during the continuation of thin Trust may enter and inspect such property at any reasonable time. Trustor agrees that, when requested by Beneficiary, Trustor will promptly de- liver to Beneficiary such certified financial statements and profit and lose statements of such types and at such intervals as may be required by Beneficiary which will be in form and content prepared according to the usual and acceptable accounting principles and practices, which statements shall cover the financial operations relating toTrustoror such property and Trust - or further agrees when requested by Beneficiary to promptly deliver in writing such further additional information as required by Beneficiary relating to any such financial statements. 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 to Trustee or to Beneficiary or to which either of them may be otherwise entitled, may be exercised from time to time and an often as may be deemed expedient by them, and either of them may pursue inconsistent remedies. If Beneficiary holds any additional security for any obligation secured hereby, it may enforce the sale thereof at its option, either before, contemporaneously with, or afterthe sale is made hereunder and on any de- fault ofTrustor, Beneficiary may, at its option, offset against any indebtedness secured hereby, and the Beneficiary is hereby authorized and empowered at its option, without any obligation so to do, and without affecting the obligattons hereof, to apply toward the payment of any indebtedness of the 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 the foregoing any savings account, de- posit, investment certificate, escrow or trust funds, LAW APPLICABLE: That this Deed of Trust shall be construed according to the lawn of the state of Nebraska ILLEGALITY: In the event that any provision or clause of this Deed of Trust conflicts with applicable law, such conflict shall not affect other provisions of this Deed of Trust which can be given effect without the conflicting provision, and to this `v. end the provisions of this Deed of Trust are declared to be severable. GENERAL PROVISIONS: (a) This Deed of Trust applies to, inures to the benefit of, 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 a pledgee) of any note secured hereby, whether or not names as Beneficiary herein. (c) Wherever the context so requires, the masculine genderincludes the feminine and neuter, thesingular number includes the plural, and vice versa. (d) Captions and paragraph headings used herein are for convenience only, are not a part of this agreement, and shall not be used in construing it. If more than one person is named herein as Tmetor, each obligation of Trustor shall be the joint and several obligation of each such person. The rights or remedies granted hereunder, or by law, shall not be exclusive, but shall be concur- rent and cumulative. TRUSTEE ACCEPTS this Trust when this Deed, duly executed and acknowledged, is made a public record as provided by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or any action or proceed- ing in which Trustor, Beneficiary or Trustee shall be a party, unless brought by Trustee. Mailing address for notices to Trustor: Everett M. and Marlene Pool 4197 West Capital Avenue Grand Island, NE 68803 IN WITNESS WHEREOF, Trustor has executed this Deed of Trest`on`Me date first above written-,- . - -_ - MV M. 1>0oL (CORPORATE SEAL) - - - -- — ---- - - - - -- Marlene Pool (C¢• VI-34