|
1. 85 -V00407
<br />(ii) All sums then secured hereby;
<br />(iii) The remainder, if any, to the person le-
<br />gally entitled thereto.
<br />lb. Duties and Obligations of Trustee. (a) The duties and
<br />obligations of Trustee shall be determined solely by the
<br />express provisions of this Trust Deed and Trustee shall not be
<br />liable except for the performance of such duties and
<br />obligations as are specifically set forth herein, and no
<br />implied covenants or obligations shall be imposed upon Trustee;
<br />(b) No provision of this Trust Deed shall require Trustee to
<br />expend or risk his own funds, or otherwise incur any financial
<br />obligation in the performance of any of its duties hereunder,
<br />or in the exercise of any of its right or powers,, if it shall
<br />have grounds for believing that the repayment of such funds or
<br />adequate indemnity against such risk or liability is not
<br />reasonably assured to it; (c) Trustee may consult with counsel
<br />of his own choosing and the advice of such counsel shall be
<br />full and complete authorization and protection in the respect
<br />of any action taken or suffered by it hereunder in good faith
<br />and reliance thereon; (d) Trustee shall not be liable for any
<br />action taken by him in good faith and reasonably believed by
<br />him to be authorized or within the discretion or rights of
<br />powers conferred upon it by this "Trust Deed.
<br />17. Additional Security Instruments. Trustor, at its expense,
<br />will execute and deliver to the Trustee, promptly upon demand,
<br />such security instruments as may be required by Trustee, in
<br />form and substance satisfactory to Trustee, covering any of the
<br />Property conveyed by this Trust Deed, which security in-
<br />struments shall be additional security for Trustor's faithful
<br />performance of all of the terms, covenants and conditions of
<br />this Trust Deed, the promissory notes secured hereby, and any
<br />other security instruments executed in connection with this
<br />transaction. Such instruments shall be recorded or filed, and
<br />rerecorded and refiled, at Trustor's expense.
<br />18. Due on Sale. If the Trustor shall sell, convey, transfer,
<br />or dispose of or further encumber the real property described
<br />in this Trust Deed securing the debt evidenced by the note, or
<br />any part of such property, or any interest therein, or agree to
<br />do so without the written consent of the Beneficiary being
<br />first obtained, the Beneficiary shall have the right, at its
<br />option, to declare the entire balance of the unpaid prinicpal
<br />and accrued interest to be immediately due and payable and
<br />require prompt payment by Trustor. Failure to exercise such
<br />option shall not constitute a waiver of the right to exercise
<br />it in the event of a subsequent. default.
<br />19. Miscellaneous
<br />(a) In the event any one- or more of the provisions contained
<br />in this 'Trust: Deed, or the promissory note or any either
<br />security instrument given in connection with this
<br />transaction shall for any reason be held to be invalid,
<br />illegal or unenforceable in any respect., such invalidity,
<br />illegality, or unenforceabilit.y shall, at the option of
<br />Rene ficiaary, riot affect any rather provision of this Trust.
<br />Deed, but this 'Trust heed !shall be construed as if such
<br />invalid, illegal, or unenforceable provision had nf-vcr
<br />been contained herein or therein.
<br />(b) This 'trust. Deed shall be construed according to the laws
<br />of the State of Nebraska.
<br />(c) This Trust. Dewed shall inure to and hind tho heirs
<br />legatees. dvviae:es, administrators, executors, starer s;ors
<br />and ast si ,ns of they part ics laerorto.
<br />(d') Trustor shall pay all taxes,, levied upon this Trust Decd or
<br />the, debt. secured herreby, to)I.Cttacrr with .any ;)Ihcr t.Ixt, nt
<br />a €;w €- k;s.rnCnt ^; wh ich may ho. 1 (•vi vd :a }t•.a i w.'t t hf• I'rn�,t f•e r
<br />6-
<br />
|