Laserfiche WebLink
2oiooos4~ <br />25. Duties of Trustee. Tnrstor agrees that; <br />a. Duties and obligations of Trustee shall be deternuned solely by the express provisions of <br />this Deed of Trust and Trustee shall not be liable except for the perfomaance of such duties and obligations <br />as are specif pally set forth herein, and no implied covenants or obligations shall be imposed upon Trustee; <br />b. No provision of this Deed of Trust shall require Trustee to expend or risk its own funds, or <br />otherwise incur arty financial obligation in the performance of any of its duties hereunder, or in the exercise <br />of any of its rights or powers; <br />c. Trustee may consult with counsel of its own choosing and the advice of such counsel shall <br />be full and complete authorization and protection in the respect of any action taken or suffered by it hereunder <br />in good faith and reliance thereon; and <br />d. Trustee shall not be liable for any action taken by it in good faith and reasonably believed <br />by it to be authorized ar within its discretion or rights or powers conferred upon it by this Deed of Trust. <br />26. S cunt Fix a Fil' . This Deed of Trust shall constitute a security agreement and <br />fixture filing under the provisions ofthe Nebraska Uniform Commercial Cade with respect to those fixtures described <br />in the preambles hereof as constituting a part of the Trust Property, together with all other property of Trustor, either <br />similar or dissimilar to the same, now or hereafter located at ar an the Trust Property. <br />27. Fut~}re ~dyances. Upon request of Trustor, Beneficiary, at Beneficiary's option, prior to full <br />reconveyance of the Trust Property by Trustee to Trustor, may make future advances to Trustor. Such future advances, <br />with interest thereon, shall be secured by this Deed of Trust. At nv time shall the principal amount of the Indebtedness <br />secured by this Deed of Trust, not including sums advanced to protect the security, exceed the total sum of <br />SSOU,000.OU. Advances of disbursements made by $eneficiary to protect the security, under the terms hereof, while <br />discretionary, shall not be deemed to be optional advances. <br />2$. $S~onvevance. Upon paynrrent of all Indebtedness secured by this Deed of Trust, Beneficiary shall <br />request Trustee to reconvey the Trust Property and shall surrender this Deed of Trust and all notes evidencing <br />Indebtedness secured by this Deed of Trust to Trustee. Trustee shall reconvey the Trust Property without warranty and <br />without charge to the person or persons legally entitled thereto. Such person or persons shall pay all costs of <br />recordation, if any. <br />29. Substih}te Trustee. Beneficiary, at its option, may from time to time remove Trustee and appoint a <br />Successor Trustee to any Trustee appointed hereunder by an instrument recorded in the county in which this Deed of <br />Trust is recorded, Without conveyance of the Trust Property, the Successor Trustee shall succeed to all title, power <br />and duties conferred upon Trustee herein and by applicable law. <br />30. Mis_ce1la,~rr,~,ous T7a„g~,is,of Beneficiary. IIeneftciary may at any time and from time to time, without <br />notice, consent to the making of any plat of the Trust Property or the creation of any easement thereon ar any covenants <br />restricting use or occupancy thereof or agree to alter or amend the terms of this Deed of Trust. Arty personal property <br />remaining upon the Trust Properly after the Trust Property has been possessed or occupied by Beneficiary, its agent <br />or any purchaser following Trustee's sale, foreclosure, or under any deed in lieu of Trustee's sale or foreclosure, shall <br />be conclusively presumed to have been abandoned by Trustor. <br />31. Notice to Trustor. Trustor hereby requests that a copy of any notice of default and notice of sale made <br />or executed by Trustee pursuant to the provisions hereof be sent to Trustor at its mailing address set forth hereinabove. <br />32. H_ _ aza~ous„Waste. The Trustor represents, warrants and covenants to Beneficiary and Trustee as <br />follows: <br />