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1984
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84005508
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11/20/2008 10:05:31 PM
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11/20/2008 10:05:29 PM
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DEEDS
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84005508
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<br />84 -005508 <br /> <br />3.12. Successors. In the event ownership of the Property or any <br />portion thereof becomes vested in a person other than the Trustor herein <br />named, Beneficiary may, without notice to the Trustor herein named, whether <br />or not Beneficiary has given written consent to such change in .:>wnership, <br />deal with such successor or successors in interest with reference to this D.eed <br />of Trust and the indebtedness secured hereby, and in the same manner as <br />with the Trustor herein named, without in any way vitiating or discnargi!!g-. <br />Trustor's liability hereunder or for the indebtedness hereby secured. <br /> <br />3.13. Trustor Not Released. Extension of the time for payment or <br />modification or amortization of the sums secured by this Deed of Trus,t <br />granted by Beneficiary to any successor in interest of Trustor shall npt <br />operate to release, in any mam').er, the liability of the original Trustor and <br />Trustor's successor in interest. Beneficiary shall not bere'quired tOCOIB:" <br />mence proceedings against such successor or refuse to extend time for PaY-- <br />ment or otherwise modify amortization of the sums secured by this Deed of <br />Trust by reason of any demand made by the original Trustor and Trustor's <br />successors in interest. <br /> <br />3.14. Beneficiary's Powers. Without affecting the liability of any other <br />person liable for the payment of any obligation herein mentioned, and without <br />affecting the lien or charge of this Deed of Trust upon. any portion oithe <br />Property not then or theretofore released as security for the full amount of <br />all unpaid obligations, Beneficiary may, f>:,om time to time and without notice, <br />(i) release any person so liable, (ii) e:8:t.,.-, j the maturity or alter any of the <br />terms of any such obligations. (tii) f- L.~ other inculgences, (iv) release or <br />reconvey, or cause to be ::,'aleased 01' l'tlconveyed at any time at Beneficiary's <br />options any parcel, a portion or all of the Property, (v) make compositions or <br />other arrangements with debtors in relation thereto. <br /> <br />ARTICLE IV <br /> <br />CONCERNING TRUSTEE <br /> <br />4.01 Trustee Liabili\t. Trustee, by its acceptance hereof, covenants <br />faithfully to perform and Ifill the trusts herein created, being liable, how- <br />ever, only for willful negligence or misconduct, and agrees to accept reason- <br />able compensation for any services rendered by it in accordance with the <br />terms hereof. <br /> <br />4.02. Trustee Resignation. Trustee may resign at any time upon giving <br />thirty (30) days' notice in writing to Trustor and to Beneficiary. <br /> <br />4.03. APl?ointment of Successor Trustee. Beneficiary may, from time to <br />time, by a wl'ltten instrument executed and acknowledged by Beneficiary, <br />mailed to Trustor a..'1d recorded in. the county or counties Ll1 wbich the Pro- <br />perty is located and by otherwise complying with the provisions of the appli- <br />cable laws of the State of Nebraska substitute a successor or successors to <br />the Trustee named herein or acting hereunder. <br /> <br />4.04. Reconveyance by Trustee. Upon written request of Beneficiary <br />stating that all sums secured hereby have been paid and upon surrender to <br />Trustee of this Deed of Trust and the Note or notes secured hereby for <br />cancellation and retention and upon payment of its fees, Trustee shall recon- <br />vey, without warranty, the Property then held hereunder. The recitals in <br />such reconveyance of any matters or facts shall be conclusive proof of the <br />truth thereof. The grantee in such reconveyance may be described as "the <br />person or persons legally entitled thereto." Partial reconveyance of this Deed <br />of Trust shall be issued in I\ccordance with agreement between Beneficiary <br />and Trustor. <br /> <br />ARTICLE V <br /> <br />PARTIAL RECONVEYANCE <br /> <br />5.01. Upon closing by Trustor with a purchaser of a condominium unit <br />in the Premises under the terms of II Purchase Agreement previously approved <br />by Beneficiary, Trustor shall pay the net proceeds of the sale to the Bene- <br /> <br />.-16- <br />
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