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<br />I <br /> <br />,a4 - 004738 <br /> <br />(ii) All sums then secured hereby; <br /> <br />I <br /> <br />(iii) The remainder, if any, to the person le- <br />gally entitled thereto. <br /> <br />16. 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 pereunder, <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 :i.scretion or rights of <br />powers conferred upo~ it by this ~'ust ,-",eled, <br /> <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 addi tional security for Trustor t 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 securi ty instruments executed in connection with this <br />transact.ion. Such instruments shall be recorded or filed, and <br />rerecorded and refiled, at Trustor's expense, <br /> <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 /> <br />19, Miscellaneous <br /> <br />(a) In the event anyone or more of the provisions contained <br />in this Trust Deed, or the promissory note or any other <br />security instrument given ln 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 unenforceability shall, at the option of <br />Beneficiary, not affect any other provision of this Trust <br />Deed, but this Trust Deed shall be construed as if such <br />invalid, illegal, or unenforceable provision had never <br />been contained herein or therein. <br /> <br />(b) This Trust Deed shall be construed according to the laws <br />of the State of Nebraska. <br /> <br />L <br /> <br />(c) <br /> <br />This Trust Deed shall inure to <br />legatees, devisees, administrators, <br />and assigns of the parties hereto. <br /> <br />and bind the heirs, <br />executors, successors <br /> <br />(d) Trustor shall pay all taxes levied upon this Trust Deed or <br />the debt secured hereby, together with any other taxes or <br />assessments which may be levied against the Trustee or <br />-6- <br />