2oo9o~ilo
<br />respect to any action taken or suffered
<br />by Trustee hereunder in good faith and
<br />reliance thereon; (d) Trustee shall not
<br />be liable for any action taken by
<br />Trustee in good faith and believed by
<br />Trustee to be authorized or within the
<br />discretion or rights or powers conferred
<br />upon Trustee by this Deed of Trust.
<br />16. Additional Securit Instruments -
<br />Trustor, at its expense, will execute
<br />and deliver to the Beneficiary, promptly
<br />upon demand, such security instruments
<br />as may be required by Beneficiary, in
<br />form and substance satisfactory to
<br />Beneficiary, covering any of the
<br />Property conveyed by this Deed of Trust,
<br />which security instruments shall be
<br />additional security far Trustor's
<br />faithful performance of all of the
<br />terms, covenants and conditions of this
<br />Deed of Trust, the promissory note(s)
<br />secured hereby, and any other security
<br />instruments executed in connection with
<br />this transaction. Such instruments
<br />shall be recorded or filed, and
<br />rerecorded and refiled, at Trustor's
<br />expense.
<br />17. Miscellaneous -
<br />(a) In the event any one or more of
<br />the provisions contained in this Deed of
<br />Trust or the note or any other debt
<br />instrument or security instrument given
<br />in connection with this transaction
<br />shall for any reason be held to be
<br />invalid, illegal, or unenforceable in
<br />any respect, such invalidity,
<br />illegality, or unenfarceability shall,
<br />at the option of Beneficiary, not affect
<br />any other provision of this Deed of
<br />Trust, but this Deed of Trust shall be
<br />construed as if such invalid, illegal or
<br />unenforceable provision had never been
<br />contained herein.
<br />(b) This Deed of Trust shall be
<br />construed according to the laws of the
<br />State of Nebraska.
<br />(c) This Deed of Trust shall inure to
<br />the benefit of and be binding upon the
<br />heirs, legatees, devisees,
<br />beneficiaries, administrators, personal
<br />representatives, successors. and assigns
<br />of the parties hereto.
<br />(d) Trustor shall pay all taxes levied
<br />upon this Deed of Trust or the debt
<br />secured hereby, together with any other
<br />taxes or assessments which may be levied
<br />against the Trustee or Beneficiary or
<br />the legal holder of the note on account
<br />of the indebtedness evidenced thereby.
<br />(e) Whenever used herein, the singular
<br />number shall include the plural, the use
<br />of any gender shall be applicable to all
<br />genders, and the term "Beneficiary"
<br />shall include any payee of the
<br />indebtedness hereby secured or any
<br />transferee thereof, whether by operation
<br />of law ar otherwise.
<br />(f) If Trustor is a corporation,
<br />limited liability company, or any other
<br />form of association, organization or
<br />entity, Trustor will timely do all
<br />things necessary to preserve its legal
<br />existence and rights and privileges
<br />under the laws of the state of its
<br />incorporation or organization.
<br />18. Successor Trustee - Beneficiary
<br />may, from time to time, substitute a
<br />successor or successors to any trustee
<br />named herein or acting hereunder. Upon
<br />such appointment and without conveyance
<br />to the successor trustee, the latter
<br />shall be vested with all title, powers
<br />and duties conferred upon any trustee
<br />herein named or acting hereunder. Each
<br />such appointment and substitution shall
<br />be made by written instrument by
<br />Beneficiary, containing reference to
<br />this Deed of Trust and its place of
<br />record, which, when recorded in the
<br />office of the Register of Deeds of the
<br />county or counties in .which the Property
<br />is situated, shall be conclusive proof
<br />of proper appointment of the successor
<br />trustee. The foregoing power of
<br />substitution and the procedure therefor
<br />shall not be exclusive of the power and
<br />procedure provided for by law for the
<br />substitution of a trustee ar trustees in
<br />the place of the trustee named herein.
<br />19. Forbearance by.Beneficiarv or
<br />Trustee Not a waiver - Any forbearance
<br />by Beneficiary or Trustee in exercising
<br />any right or remedy hereunder, or
<br />otherwise afforded by applicable law,
<br />shall not be a waiver of or preclude the
<br />exercise of any right or remedy
<br />hereunder. Likewise, the waiver by
<br />Beneficiary or Trustee of any default of
<br />Trustor under this Deed of Trust shall
<br />not be deemed to be a waiver of any
<br />other ar similar defaults subsequently
<br />occurring.
<br />20. Trustor Not Released - Extension
<br />of the time for payment or modification
<br />of amortization of the sums secured by
<br />this Deed of Trust granted by
<br />Beneficiary to any successor in interest
<br />of Trustor shall not operate to release,
<br />in any manner, the liability of the
<br />original Trustor or Trustor's successor
<br />in interest. Beneficiary shall not be
<br />required to commence proceedings against
<br />such successor or refuse to extend time
<br />for payment or otherwise modify
<br />amortization of the sums secured by this
<br />Deed of Trust by reason of any demand
<br />made by the original Trustor ar
<br />Trustor's successors in interest.
<br />2l. Default - If there shall be a
<br />default under this Deed of Trust or
<br />under any prior mortgage or deed of
<br />trust, the Beneficiary may cure such
<br />default, and the amounts advanced by,
<br />and other costs and expenses of the
<br />Beneficiary in curing such default, with
<br />interest at the default rate contained
<br />in the note secured hereby from the time
<br />of the advance or payment, shall be
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