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80000010
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Last modified
1/13/2010 11:07:56 AM
Creation date
1/13/2010 11:07:45 AM
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DEEDS
Inst Number
80000010
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<br />{ii) All sums then secured hereby; <br />(iii} The remainder, if any, to they person le- <br />gally entitled thereto. <br />16. Duties and Obligations of Trustee. (a) The duties _nd <br />obligations of Trustee shall be determined solely by the express <br />provisions of this-Trust Deed and Trustee shall not be liable <br />except for the performance of such duties and obligations as <br />are specifically set forth herein, and no implied covenants <br />or obligations shall be imposed upon Trustee; (b} No provision <br />of this Trust Deed shall require Trustee to expend or risk his <br />own funds, or otherwise incur any financial obligation in the <br />performance of any of its duties hereunder, or in the exercise <br />of any of its right or powers, if it shall have grounds for <br />believing that the repayment of such funds or adequate indem- <br />nity against such risk or liability is not reasonably assured <br />to it; (c} Trustee may consult with counsel of his ewn choosing <br />and the advice c1 such counsel sh:~ll be full and complete <br />authorization and protection in the respect of any action <br />taken or suffered by it hereunder in good faith and reliance <br />thereon; (d) Trustee shall not be liable for any action taken <br />by him in good faith and reasonably believed by him to be <br />a'uthori~ed or within the discretion or rights of powers con- <br />ferred upon it by this Trust Deed. <br />17. Additional SecLrity 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 <br />the 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 set:ured hereby, and any <br />other security instruments executed in connection with this <br />transaction. Such instruments shall be recorded or filed, <br />and re-recorded and refiled, at Trustor's expense. <br />1$. Miscellaneous. <br />(a) In the event any one or more of the provisions eon- <br />tained in this Trust Deed, ar the promissory note or <br />any other security instrument gi~:en in connection <br />i with this transaction shall far any reason be held <br />to be invalid, ilieg_al or unenforceable in any. res- <br />pece, such invalidity, illegality, or unenforce- <br />ability shall, at the option of Beneficiary, not <br />affect any other provision of this Trust Deed, but <br />this Trust Deed shall be construed as if such in- <br />valid, illegal, or unenforceable provision had never <br />been contained herein or therein. <br />(b) 'T'his 'Trust Deed shall be construed according to the <br />laws of the State of Nebraska. <br />(c) This Trust Deed shall inure to and bind the heirs, <br />legatees, devisees, administrators, executors, sue- <br />cessars and assigns of the parties hereto. <br />(d) Trustor shall pay all taxes levied upon this 'trust <br />Deed or the debt secured hereby, together with any <br />.other taxes or assessments which may be levied <br />against- the Trustee or Beneficiary or the legal <br />holder of -said promissory note on account of the <br />indebtedness evidenced thereby. <br />(e) Whenever used herein, the singular number shall <br />include the plural, the plural, the singular, the <br />use of any gender shall be applicable to all genders, <br />and the term "Beneficiary" shall include any payee <br />of the indebtedness hereby secured or any transfer <br />thereof, whether by operation of law or otherwise. <br />-6- <br />
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