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r <br />Trust Estate, and Trustor tenby irrevocably constnts to such appointment aad waives notice of any appliwtien <br />therefor. Any such receiver or receivers shall have all the roust powers and duties of receiverssn like or similar _ <br />cases and all the powers and duties of Beneficiary m case of entry as provided in Section 4:02 (i) and shall con- <br />tinue as such and exercise ail such powers until the date of confirmation of sale of the Truce Estate unless such <br />receivership is sooner terminated. <br />a nc ee ~rdss Nvt Exclusivs. Trustee and $eneficiary, and cacti cf them, shall 6e entitled to enforce <br />payment and performance of any indebtedness or obligations secured hereby and to exercise all rights and' powers <br />under this Beed of Trust orunder any Loan Instrument or other agreement or any laws now or her-altar in force, <br />notwithstanding some or all of the said indebtedness and obligations secured hereby may now or heteadtex hs <br />otherwise secured, whether by mortgage, deed of trust; pledge, lien, assignment or otherwise Neither the ac- <br />ceptance of this Ceed of Trust nor its enforcement whether by court action or pursuant to the power of sale or <br />other powers herein contained, shall prejudice or in any manner affect Trustee's or Beneficiary's-right to realize <br />upon or enforce any other security now or hereafter held by Trustee or Beneficiary, its being agreed- that Truster <br />and Beneficiary, and each of them, shall be entitled to enforce this Deed of Trust and any other security now oc <br />hereafter held by Beneficiary or Trustee in such order and manner as they or either of them may in their abfa)ute <br />~t discretion determine. No remedy herein confcred upon or reserved to Trustee or Beneficiary is intended to be <br />exclusive of any other remedy herein or 6y law provided or permitted, but each shall be cumulative and shall be <br />~ in addition to every other remedy given hereunder or now or hereafter existing at taw or in equity or by statute. <br />Every power or remedy given by any of :he Loan Instruments [o Trustee or Bcneftciary or to which either of them <br />,may be otherwise entitled, may be exercised, concurrently or independently, from time to time and as often: as <br />may be deemed expedient by Trustee or Beneficiary and either of them may pursue inconsiatrnt remedies. <br />!~ 4.06 Request for Notice. Tnrstor hereby requests a copy of any notice of default and the[ any notice of <br />~ sale hereunde.* be mailed to it at the address se[ forth .n the first paragraph of this Decd of Trust. <br />ARTFCLE Y <br />NHtSCELLANE0U5 <br />5.01 Governing Law. This Deed of Trust shall be governed by the laws of the State of I~b~2 }cB_ . In the <br />event that any provision or claase of any of the Loan Instruments conflicts with applicable laws, such conflicts <br />shall not affect atF.er provisions of sech Loan Instruments which can be given effect without the conflicting <br />provision, and to this end the provirions of the Loan Instruments are declared In be severable. This instrument <br />cannot be waived, ehangtd discharged or terminated orally, but only by an instrumen[ in writing signed by the <br />party against whom enforcement of any waiver, change, discharge or termirati<>n is sought- <br />5.02 Trustor Waiver of Rights. Trustor waives the benefit of all Taws now existing ur that hereafter may <br />be enacted providing fur (i) any appraisement before sale of any portion of the Trust Estate, and ui} tht benefit of <br />all laws that may be hereafter enacted in =_ny way extending the [rme far the enforcement of the coilectian of the <br />Note or the debt evidenced thereby or creating er extending a period oi'redcmpdon from any sale madeinco!lect- <br />ing said debt. To the fait extent Trustor may do so, Trustor agrees that Trustor will nut at any time insist upon, <br />plead, claim or take the benefit or advantage of any Eaw now ur hereafter ra force providing for anyappraaemcnt, <br />valuation, stay, extension or redemption, and Trustor, for Trustor, Trustur's heirs, devisees, repressntanves, suc- <br />cessors aad assigns, and for any and all persons ever claiming any interest in the Trust Estate, eo the the extent <br />permired by taw, hereby waives and releases all rights of redemption, valuation, appraisement, stay of execution, <br />notice of election w mature or declare due the whole of :he secured indebtedness and marshaling in the event of <br />foreclosure of the liens hereby created. if any taw referred to in this Section and now in force, of which Trustor, <br />TrustoPs heirs, devisees, represtntatives, successors and assigns ur other person might take advantage despite this <br />Section, shall hereafter be repealed or cease to be in force, such law shalt not thereaf[er he deemed to preclude <br />the application of this Section. `Trustor expressly waives and relinquishes tin and all rights and remedies which <br />Trustor may have er ht able to assert by rcas'an of the laws eF the Stun at Nebraska pcrtainittg [u the rights and <br />remedies of sureties. <br />S.D3 LitLtitatiun of lntcrest. It is qu intent of '1'rustur and l3crrtic:ur? in the execution of thr> Decd ,~!' true[ <br />and the Mute_~tr~,{ elf other irntrunrents securing the tiutc to :=,ntrua ut ,[rict , unq?Iiance wiilt the u~w, Iuas of <br />the Start of PIEbz'`aSIt3 ,uverning the loon rridrnced t,}' the \,ae. In tur[hce.WCe thertuf, i3rnr[;,uu? .utd <br />'Trus[ur stipulate ant! agar that ^unt uC the term. and pa,vuwm Font:uncd ui the L.,xm Instnuvcnn shaft a?er be <br />tonstrutil [o create a c,?ntract for the use, furcbe~trancc yr detention ni :nuney rcymnng pa~mrnt ut intca•,t at ,[ <br />rate kt exret~s ar" the niaeimum interest rats permitted t.:+ he ahurgcd t,, the low. „f she titt0.' of N2oz'85ka eutcrm <br />ing the lean evi==+e:_~ed by the Note. hrueior ur ass ~utuant,:r .ndnr,et or ,ahcr p;ut? ,w,c .n here.fter be- <br />coming liable lur the p.i}ment of the Note sh;tll nd?cr hr (table ivr un~,itucd ivir:es( ,ai :tic ti,g~~ ,m.l .hull <br />never tw t~s;u;ttd t„ pac lntcrest un the tote ;u ~, rate i^ cx,~., of the n:.:aunurn intrrr.i ih,it ^i.il he fai,iull, <br />charged under the fawn ut the State v1' ~braslC3 anti th. p: u,iw m+,d .hi. SCeUU1! >hall :untt,:t utcr .dl other <br />pruviskau o[ the tote and any other instrunttnt c~ceutcd m amtccuen hi~rrttith w~h:ch lost hr ;;t apt,arent .:,,n- <br />tlict h.rt-with. !n the ~,tH any holder of the lute shall .~~Ilcct moniC~ ,chich ;,rc ure:nr,i b~ run,tn~r~- :ntcr~+t <br />which would uthuwne increase the •ffec[ive interest rate ,at ;tic tiurc to .~ rde ui : <<t.~ rt ihu: pctmntcd to ht. <br />charRrct by the law. of the Slats of NebTaslea , rdl ,uth >uttis dctnte,l [,+ ; om!:nue ~nier e~[ n! . ~:_; .. ,~i the lcaui <br />rail sball ~ inutf<diuttiy returned to the Trustor upon curb detcunututiun. <br />5.04 Statements b~ Teustu_r. Trustor, within ten !10) days after t?eutg grvrn nw,ce ny marl, v.itl tm~nisb to <br />Beneficiary a written statement stating the unpaid principal of and interest on the Nutr an 1 auy other amouaU <br />secured by this t7eed <rt 'Trust and stating whether any offset ,nr drlcnst rx:st+ aga:nsr sac:^. pr: rc rpat and ,::ttrtst <br />t). <br />