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201104912
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Last modified
9/14/2011 12:26:17 PM
Creation date
7/1/2011 4:37:30 PM
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DEEDS
Inst Number
201104912
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�011049�� <br />and in the other Credit Documents and any additional implied covenants or duties are hereby disclaimed. Any <br />inferences to the contrary of any of the foregoing aze herehy expressly negated. <br />Section 6.21 Power of Attomey. Trustor hereby appoints Beneficiary as its attorney-in-fact and upon <br />any default hereunder authorizes Beneficiary to endorse Trustor's name on a11 instruments and other documents <br />pertaining to the Obligations. In addition, Beneficiary shall be entitled, but not required, to perform any action or <br />execute any document required to be taken or executed by Trustor under this Deed of Trust. Beneficiary's <br />performance of such action or execution of such documents shall not relieve Trustor from any Obligation or cure <br />any default under this Deed of Trust. The powers of attomey described in this action are coupled with an interest and <br />are irrevocable. <br />Section 6.22 Collection Costs. If Beneficiary hires an attomey to assist in collecting any amount due <br />or enforcing any right or remedy under this Deed of Trust, Trustor agrees to pay Beneficiary's reasonable attorney <br />fees and collection costs, including, but not limited to, costs incurred for copying, title reports, surveys, title abstract <br />and all other costs incuned by Beneficiary in collecting the debt. <br />Section 6.23 Partial Release. Beneficiary directly (and without joinder of Trustee) or the Trustee <br />upon written direction from the Beneficiary may release its interest in a portion of the Mortgaged Property by <br />executing and recording one or more partial releases without affecting its interest in the remaining portion of the <br />Mortgaged Property. <br />Section 6.24 Applicable Law. Tf� LAWS OF TI� STAT'E OF NEBRASKA (EXCLUSIVE OF ITS <br />CONFLICT OF LAW PRINCIl'LES} SHALL GOVERN TE� VALIDITY, ENFORCEABILITY, <br />INTERPRETATION AND CONSTRUCTION OF ALL OF TI� PROVISIONS OF THIS DEED OF TRUST AND <br />THE OTI�R CREDIT DOCUMENTS AND ALL I5SLTES HEREUNDER AND THEREUNDER, INCLUDING <br />(WITHOUT LIMITATIOl� TI� DETERMINATION OF THE MAXIMUM LAWFUL RATE OF INTEREST <br />THAT MAY BE CONTRACTED FOR, CfiARGED OR RECEIVED WI'I`H RESPECT TO T'HE OBLIGATIONS. <br />Section 6.25 Entire Agreement. The Credit Documents constitute the entire understanding and <br />agreement between Trustor and Beneficiary with respect to the transactions arising in connection with the <br />Obligations and supersede all prior written or oral understandings and agreements between Trustor and Beneficiary <br />with respect to the matters addressed in the Credit Documents. Trustor hereby acknowledges that, except as <br />incorporated in writing in the Credit Documents, there are not, and were not, and no persons are or were authorized <br />by Beneficiary to make, any representarions, understandings, stipulations, agreements or promises, oral or written, <br />with respect to the matters addressed in the Credit Documents. <br />Section 6.26 Notices. A11 notices, conserrts, approvals, elections and other communications <br />(collectively "Notices") hereunder shall be in writing (whether or not the other provisions of this Deed of Trust <br />eacpressly so provide) and shall be deemed to have been duly given if mailed by United States registered or certified <br />mail, with return receipt requested, postage prepaid, or by United States Express Mail or courier service to the <br />parties at the following addresses (or at such other addresses as sha11 be given in writing by any party to the others <br />pursuant to this Section 6.26) and shall be deemed complete upon receipt or refusal to accept delivery as indicated <br />in the return receipt or in the receipt of such Express Mail or courier service: <br />If to Trustor: Aurora Cooperative Elevator Company <br />605 12th Street <br />Aurora, Nebraska 68818 <br />Attention: Robert Brown <br />If to Lender: Metropolitan Life Insurance Company <br />Agricultural Investments <br />10801 Mastin Blvd., 5uite 930 <br />Overland Park, KS 66210 <br />Attention: Director <br />ARTICLE 7 - NON-UNIFORM COVENANTS <br />DOCS/1045495.1 19 <br />
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