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s�-- 104656 <br />proof of proper substitution of such Trustee or Trustees who shall without conveyance from the Trustee predecessor, succeed to <br />all its title, estate, rights, power and duties. <br />NO WAIVER BY BENEFICIARY: No waiver by Trustee or Beneficiary of any right under this Deed of Trust *hall be ef• <br />fective unless in writing, Waiver by Trustee or Beneficiary of any right granted to Trustee or Beneficiary under this Deed of <br />Trust or of any provision of this Deed of Trost as to any transaction or occurrences shall not be deemed a waiver as to any fu- <br />lure transaction or occurrences. By accepting payment of any sum secured hereby after its due date, or by making any psy- <br />ment or performing any act on beheif of Truster that Trustor was obligated hereunder, but fatted to make or perform or by ad• <br />ding any payment so made by Trust" or Beneficiary to the indebtedness secured hereby. Beneficiary does not waive its right <br />to require prompt payment when due of all other sums so secured or to require prompt performance of all other acts required• <br />hereunder, or to declare a default for failure so to pay, <br />WAIVER OF STATUTE OF LIMITATIONS: Time is of the essence in all Trotter's obligations hereunder; and to the extent <br />permitted by law, Trustor waives all present or future statutes oflimitations with respect to any debt, demand or obligation se <br />cured hereby in any action or proceeding for the purpose of enforcing this Trust or any right or remedies hereunder. <br />INSPECTION AND BUSINESS RECORDS: Beneficiary at any time during the continuation of this Truot may enter and <br />inspect such property at any reasonable time. Truster agrees that, when requested by Beneficiary, Trustor will promptly de. <br />liver to Beneficiary such certified financial statements and profit and loss statements of such types and at such intervals as <br />may be required by Beneficiary which will be in form and content prepared according to the usual and acceptable accounting . <br />principles and practices, which statements shall cover the financial operations relating toTrustoror such property andTrnst. <br />ur further agrees when requested by Beneficiary to promptly deliver in writing such further additional information as required <br />by Beneficiary relating to any such financial statements. <br />REMEDIES: No remedy herein provided shall be exclusive of any otherremedy herein or now or hereafter existing by law, <br />but shall be cumulative. Every power or remedy hereby given to Trustee or to Beneficiary or to which either of them may be <br />otherwise entitled, may be exercised from time to time and as often as maybe deemed expedient by them, and either of them <br />may pursue inconsistent remedies. If Beneficiary holds any additional security for any obligation secured hereby, it may, <br />enforce the sale thereof at its option, either befors, contemporaneously with, or after the sale is made hereunder and on any de. <br />fault of Trustor, Beneficiary may, at its option, offset against any indebtedness secured hereby, and the BeneBciaryis hereby , <br />_ <br />authorized and empowered at its option, without any obligation so to do, and without affectingtheobiigailone hereof, to apply. - <br />toward the payment of any indebtedness of the Trusuir to the Beneficiary, any and all sums ofmoney of Trustor which may <br />have in its posserion or under its control, including without limiting the generality of the foregoing any savings account ds <br />petit, investment certificate. escrow or trustfunda. <br />LAW APPLICABLE: Thai this Deed of Trust shall be construed according to the laws of the state of Nebraska , <br />ILLEGAi TTY. in the event that any provision or clause of this deed ofTrust conflicts with applicable law, such conflict <br />shall not affect other provisions of this Deed of Trust which can be given effect without the conflicting provision, and to this <br />end the provisions of this Deed of Taut are declared to be severable. , <br />GENERAL PROVISIONS. (a) This Deed of Trust applies to, inures to the benefitof, and binds all parties hereto, their heirs, <br />legatees, devisees, administrators. executors, successors, and assigns. (b) the term "Beneficiary" shall meat the owner and <br />holder (including a piedgee) of any note secured hereby, hethat trust names to Beneficiary herein: (c) Whenever the context <br />so requires, the masculine gender includes the feminine and neutmthesiitgularn umber includes the plaraL and vice versa .(ill _. <br />Captions and paragraph headings used herein are for convenience only, are not a part of this agreement, and shaft not be used <br />in construing it If more than one person is named herein as Truster, each obligation of Truster *bull he the joint and several <br />obligation of each such person. The rights or remedies granted hereunder, or by law, shall not be exclusive, but than be concur <br />rant and cumulative. <br />TRUSTEE ACCEPTS this Trail when this Dead, duly executed and acknowledged, is made a public record as provided by <br />law. Trusts* is not obligated to notify any party hereto of pending sale under any other Deed offiust or any action or proceed• <br />tact in which Trustor, Beneficiary or Trustee shall be a party, unless brought by Trustee. <br />Mailing address for notices to Truster: <br />JAMES RUSSELL AND KATHLEEN GREEN <br />3714 WOODRIDGE BLVD. <br />GRAND ISLAND, NE 68801 <br />IN WITNEAS WBEREOF, Trustor hat executed this Deed of Trust on the date first above written, <br />.,rfalr <br />ryS r« <br />LCGRF'illtATi�!iMaAt.i _.- ..._.... +v«! <br />F'elr i ever t raven <br />