Laserfiche WebLink
pill f[ly�.i <br />to the applicable party at its address or facsimile number set forth below, or at such other address or <br />facsimile number as any party hereto may designate as its address or facsimile number for <br />communications under this Deed of Trust by notice so given. Such notices shall be deemed effective on <br />the day on which delivered or sent if delivered in person or sent by facsimile (with answerback <br />confirmation received), on the first (1st) Business Day after the day on which sent, if sent by recognized <br />overnight courier or on the fifth (5th) Business Day after the day on which mailed, if sent by registered or <br />certified mail. <br />As to the Grantor: <br />Cooperative Producers, Inc. <br />265 North Showboat Blvd. <br />P.O. Box 1008 <br />Hastings, NE 68901 <br />Attention: President & Chief Executive Officer <br />Fax No: 402 -463 -7263 <br />As to the Beneficiary: CoBank, ACB <br />11422 Miracle Hills Drive, Suite 300 <br />Omaha, Nebraska 68154 <br />Attention: Deino Sather <br />Fax No: 401 -492 -2001 <br />Section 6.05. Severability. The invalidity of any one or more phrases, clauses, sentences, <br />paragraphs or provisions of this Deed of Trust shall not affect the remaining portions hereof. <br />Section 6.06. Governing Law. The effect and meaning of this Deed of Trust, and the. rights <br />of all parties hereunder, shall be governed by, and construed according to, the Laws of the State of <br />Nebraska, except to the extent governed by federal law. <br />Section 6.07. Indemnification by the Grantor of the Beneficiary. The Grantor agrees to <br />indemnify and save harmless the Beneficiary against any liability or damages which the Beneficiary may <br />incur or sustain in the exercise and performance of its rightful powers and duties hereunder, including any <br />liability or damages arising from the Grantor's failure to comply with any Environmental Law or the like <br />applicable to the Trust Estate. For such indemnity, the Beneficiary shall be secured under this Deed of <br />Trust in the same manner as the Indebtedness and all amounts payable under this Section shall be paid <br />to the Beneficiary with interest at the rate specified in Section 3.09. The Grantor's obligations under this <br />Section shall survive the exercise by the Beneficiary of its rights and remedies hereunder, any foreclosure <br />on all or any part of the Trust Estate and the cancellation or satisfaction of this Deed of Trust. <br />Section 6.08. Trustee. <br />(A) Subject to applicable law, the Trustee may resign by an instrument in writing <br />addressed to the Beneficiary, or the Trustee may be removed at any time with or without cause by an <br />instrument in writing executed by the Beneficiary. In case of the death, resignation, removal or <br />disqualification of the Trustee or if for any reason the Beneficiary shall deem it desirable to appoint a <br />substitute or successor Trustee, then the Beneficiary shall have the right and is hereby authorized and <br />empowered to appoint a successor Trustee, or a substitute Trustee, without other formality than <br />appointment and designation in writing executed by the Beneficiary, and the authority hereby conferred <br />shall extend to the appointment of other successor and substitute Trustees successively until the <br />Grantor's obligations have been satisfied under Section 6.02 hereof or until the Trust Estate is sold <br />hereunder. Such appointment and designation by the Beneficiary shall be full evidence of the right and <br />authority to make the same and all facts therein recited. All references herein shall be deemed to refer to <br />the Trustee (including any successor or substitute appointed and designated as herein provided) from <br />time to time acting hereunder. Except as otherwise required by applicable law, the Trustee shall not <br />13 <br />5301729 <br />Hall County, Nebraska <br />