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`� 2011049�3 ��m�ECORD �' ;� 20�.1�5��4� (WITHOUT LIMITATIOl� TI� DETERMINATION OF TI� MAXIM[JM LAWFUL RATE OF INTEREST THAT MAY BE CONTRACTED FOR, CHARGED OR RECEIVED WITH RESPECT TO TI� OBLIGATIONS. Section 6.25 Entire Agreement. The Credit Documents constitute the entire understanding and agreement between Trustor and Beneficiary with respect to the transactions arising in connection with the Obligations and supersede a11 prior written or oral understandings and agreements between Trustor and Beneficiary with respect to the matters addressed in the Credit Documents. Trustor hereby acknowledges that, except as incorporated in writing in the Credit Documents, there are not, and were not, and no persons are or were authorized by Beneficiary to make, any representa.tions, understandings, sripulations, agreements or promises, oral or written, with respect to the matters addressed in the Credit Documents. Section 6.26 Notices. All notices, consents, appmvals, elections and other communications (collectively "Notices") hereunder shall be in writing (whether or not the other provisions of this Deed of Trust expressly so provide) and sha11 be deemed to have been duly given if mailed by United States registered or certified mail, with return receipt requested, postage prepaid, or by United States Express Mail or courier service to the parties at the following addresses (or at such other addresses as shall be given in writing by any party to the others pursuant to this Section 6.26) and sha11 be deemed complete upon receipt or refusal to accept delivery as indicated in the return receipt Qr in the receipt of such Express Mail or courier service: If to Trustor: Aurora Cooperative Elevator Company 605 12th Street Aurora, Nebraska 68818 Attention: Robert Brown If to Lender: Metropolitan Life Insurance Company Agricultural Investments 10801 Masrin Blvd., Suite 930 Overland Park, KS 66210 Attention: Director ARTICLE 7 - NON-UNIFORM COVENANTS Section 7.1 Request for Notices. Each party to this Deed of Trust requests that a copy of any notice of default or any other notice of sale or any other notices that may be given pursuant to this Deed of Trust or otherwise be sent to the party at the address set forth herein, as provided by the Nebraska Trust Deeds Act. Section 7.2 Yndemnification of Trustee. Except for gross negligence and willful misconduct, Trustee shall not be liable for any act or omission or error of judgmenf. Trustee may rely on any document believed by it in good faith to be genuine. All money received by Trustee shall, until used or applied as herein provided, be held in trust, but need not be segregated (except to the extent required by law), and Trustee shall not be liable for interest thereon. Trustor shall protect,. indemnify and hold harmless Trustee against all liability and expenses which Trustee may incur in the performance of its duties hereunder. Section 7.3 Actions by Trustee. At any time, or from time to tune, without liability therefor and without notice, upon written request of Beneficiary and presentation of this Deed of Trust and the Note for endorsement, and without afFecting the personal liability of any person for payment of the Obligations or the effect of this Deed of Trust upon the remainder of the Mortgaged Property, Trustee may take such actions as Beneficiary may request and which are permitted by this Deed of Trust or by applicable law. Section 7.4 Substitution of Trustee. Beneficiary has the power and shall be enritled, at any time and from time to time, in its sole discretion and without cause, to remove Trustee or any successor trustee and to substitute and appoint another trustee or trustees (either corporate or individual) in the place and stead of Trustee or any successor trustee, by written instrument duly executed and recorded in the Office of the county recorder of the county or counties where the Mortgaged Properiy is situated, which instrument shall be conclusive proof of the proper substitution and appointment of such successor trustee or trustees, who shall have all the rights, title, estate, DOCS/1045503.1 ZO