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20100�63G <br />communications, the addresses of the parties shall be as set forth on page 1 of this Recapture <br />Deed of Trust <br />27. Trustee Frovisions: <br />(a) Trustee accepts this trust when this Recapture Deed of Trust, duly <br />executed and acknowledged, is rnade a public record as provided by law. Tt'ustee is not <br />obligat�d to notify any party hereto of a pending sale under any other deed of trust ar any <br />action or proceeding in which Grantor, the Autharity or Trustee shall be a party, unless <br />brought by Trustee. <br />(b) The Authority may, frorn tirne to time, by instrument in writing, substitute <br />a successor or successors Co any TrusCee named herein or acting hereunder, which <br />instrurnent, executed and acknowledged by the Authority and recorded in the office af the <br />Register of Deeds af Hall Caunty, Nebraska, shall be conclusive proof of proper <br />substitution of such Trustee or Trustees. Any successor to Trustee shall execute, <br />acknowledge and deliver to its predecessar and Grantar an instrument accepting such <br />appointment, and thereupon such successor, without any further act, deed or conveyance, <br />shall become vested with all the estate, properties, rights, pawers, duties and trusts of its <br />predecessor in the trusts hereunder with like effect as if originally named as trustee <br />herein; provided, however, that an the written request of Grantor, che Authority or the <br />successor trustee, such predecessor shall execute and deliver an instrument transferring ta <br />such successor, upon the trusts expressed in this Recapture Deed of Trust, such estate, <br />properties, rights, powers and trusts and shall duly assign, transfer, deliver and pay over <br />to such successor any property and moneys subject to the lien hereof and held by such <br />predecessor. <br />(c) Trustee may resign and be discharged of the trust by giving notice thereof <br />to the Authority and Grantor specifying the date (not less than ninety (90) days after such <br />notice) when such resignatian shall take effect. Such resignation shall take effect on the <br />earlier of the date so specified or the appointrnent and acceptance of a successor trustee <br />pursuant to Section 27 ofthis Recapture Deed of Trust. <br />(d) No trustee hereunder shall be personally liable by reason of any act or <br />ornission of any other trustee hereunder. <br />(e) Grantor shall pay or cause to be paid the compensation to which Trustee is <br />entitled hereunder and all proper disburserr►ents and expenses incurred by Trustee <br />hereunder. <br />(� Upon written request of the Authority stating that all sums secured hereby <br />have been paid, satisfied, or fargiven and upon surrender of this Recapture Deed of Trust <br />and any note to Trustee for cancellation and retention and upon payment by the Authority <br />of Trustee's fees, Trustee shall reconvey to the Grantor, or the person or persons legally <br />entitled thereto, without warranty, any portion of the Property then held her�under. The <br />18 <br />Recapture Deed of Trust and Security Agreement <br />4845-2546-71433 <br />