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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 <br />Page 6 of 7 Pages <br />