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201000943 responsibility for the control, care management ox repair of said leased premises upon Benef ciary, nor for the carrying out of the terms and conditions of the leases, nor shall it operate to make Beneficiary responsible or liable for any waste committed on the property by tenants or occupants under such leases or any other party, ar for any dangerous ar defective condition of the premises or for any negligence in the management, upkeep, repair ar control of said premises resulting in loss, injury nr death to any tenant, licensee, employee, occupant ar any other persons. 15. Waiver of Statute o ~tatio .Time is of the essence in all of Trustor's obligations and duties hereunder; and to the extent permitted by law, Trustor waives all present or future statutes of limitations with respect to any debt, demand or obligation secured hereby and any action ox proceeding for the purpose of enforcing this Deed of Trust or any rights ox remedies cnntained herein. 16. t o In the event construction of imprpvements is contemplated by the loan evidenced by the Note secured hereby, as additional security therefor, Trustor hereby transfers and assigns to Beneficiary, all right, title and interest to any and all monies deposited by or on behalf of Trustor with any city, county, public body or agency, sanitary district, utility campaxry, and any other body or agency, for the installation or to secure the installation of any utility by 'I'rustar, pertaining to the Trust Property. 17. Entity Existence. if Trustor is other than a xiatural person, it will da all things necessary to preserve its existence as a validly formed entity, as the case may be, and all rights and privileges under the laws of the state of its creation, fonx:iatian nr organization. 18. For enefici Not a W 'vex. Any forbearance by Beneficiary in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. The procurement of insurance or the payment of taxes or the discharge of liens or charges by Beneficiary shall not be a waiver of Beneficiary's right to accelerate the maturity of the Indebtedness. 19. R edies five. All remedies provided in this Deed of Trust are distinct and cumulative to any other right or remedy under this Deed of Trust or afforded by law ar equity, and may be exercised concurrently, independently or successively. 20. S e r s ' Boun ~ Joi taxed Several Liabili ~ C do s. The covenants and agreements herein contained shall bind, and the nights hereunder shall inure to, the respective successors and assigns of Beneficiary, Trustee, and Trustor. All covenants and agreements of Txustar shall be joint and several. The captiar-s and headings of the paragraphs of this Deed of Trust are for convenience only and are not to be used to interpret ax define the provisions hereof. 21. ~. Except for any notice required under applicable law to be given in another manner, (a) aYry notice to Trustar provided for in this Deed of Trust shall be given by mailing such notice by certified mail, return receipt requested addressed to Trustor at its mailing address set forth above or at such other address as Trustor may designate by notice to Beneficiary as provided herein, and (b) any notice to Beneficiary or Trustee shall be given by certified mail, return receipt requested, to Beneficiary's and Trustee's mailing address stated herein or to such other address as Beneficiary or Trustee rxiay designate by notice to Trustor as provided herein. Any notice provided for in this Deed of Trust shall be deemed to have been given to Trustor, Beneficiary or Trustee when given in the manner designated herein. No notice shall be filed by Trustor and, if filed, be effective against Trustee and Beneficiary with respect to any aspect of this Teed of Trust unless such notice shall have been given first to the Trustee and the Beneficiary as provided in this paragraph. 22. Govemina Law: Sevexability. This Deed of Trust shall be governed by the laws of the State of Nebraska. In the event any provision or clause of this Deed of Trust conflicts with applicable law, such conflict shall not affect other provisions of this Deed of Trust which can be given effect without the conflicting provisions and to this end the provisions of this Deed of Trust axe declared to be severable.