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201002498 <br />40. Compliance with Nebraska Law. <br />(a) In the event that any provision in this Deed of Trust shall be <br />inconsistent with any provision of Nebraska law, the provisions of Nebraska law shall <br />take precedence over the provisions of this Deed of Trust, but shall not invalidate or <br />render unenforceable any other provision of this Deed of Trust that can be construed in <br />a manner consistent with Nebraska law. <br />(b) If any provision of this Deed of Trust shall grant to Beneficiary <br />(including Beneficiary acting as amortgagee-in-possession) ar a receiver appointed <br />pursuant to the provisions of paragraph 18 of this Deed of Trust any powers, rights or <br />remedies prior to, upon or following the occurrence of an Event of Default which are <br />more limited than the powers, rights or remedies that would otherwise be vested in <br />Beneficiary or in such receiver under Nebraska law in the absence of said provision, <br />Beneficiary and such receiver shall be vested with the powers, rights and remedies <br />granted under Nebraska law to the full extent permitted by law. <br />41. Intentional) Ommitted . <br />42. N_o Liability. Trustee shall not be liable for any error of judgment ar act done by <br />Trustee, or be otherwise responsible or accountable under any circumstances whatsoever. <br />Trustee shall not be personally liable in case of entry by Trustee or anyone acting by virtue of the <br />powers herein granted Trustee upon the Premises for debts contracted ar liability or damages <br />incurred in the management or operation of the Premises. Trustee shall have the right to rely on <br />any instrument, document ar signature authorizing or supporting any action taken or proposed to <br />be taken by the Trustee hereunder ar believed by the Trustee in good faith to be genuine. <br />Trustee shall be entitled to reimbursement for expenses incurred by the Trustee in the <br />performance of the Trustee's duties hereunder and to reasonable compensation fvr such of his <br />services hereunder as shall be rendered. Grantor will, from time to time, pay compensation due <br />the Trustee hereunder and reimburse Trustee far and save and hold Trustee harmless from and <br />against any and all loss, cost, liability, damage and expense whatsoever, incurred by Trustee in <br />the performance of the Trustee's duties. <br />43. Retention of Monies. All monies received by Trustee shall, until used ar applied <br />as herein provided, be held in trust for the purposes for which they were received, but need not <br />be segregated in any manner from any other monies (except to the extent required by law) and <br />Trustee shall be under no liability for interest on any monies received by the Trustee hereunder. <br />44. Succession Instruments. Any new Trustee appointed pursuant to any of the <br />provisions hereof shall, without any further act, deed ar conveyance, become vested with all the <br />estates, properties, rights, powers and trusts of Trustee's predecessor in the rights hereunder with <br />like effect as if originally named as Trustee herein; but, nevertheless, upon the written request of <br />Beneficiary or the Trustee's successor trustee, the Trustee ceasing to act shall execute and <br />deliver an instrument transferring to such successor trustee, upon the trust herein expressed, all <br />the estates, properties, rights, powers and trusts of the Trustee so ceasing to act, and shall duly <br />assign, transfer and deliver any of the property and monies held by the Trustee to the successor <br />trustee so appointed in its or the Trustee's place. <br />27 <br />