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201107605
<br />Section 8.2 Retention of Money. All moneys received by Trustee shall, until used
<br />or applied 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 moneys (except to the extent required by law), and Trustee
<br />shall be under no liability for interest on any moneys received by Trustee hereunder.
<br />Section 8.3 Resil4nation of Trustee; Successor Trustee. If Trustee or' any successor
<br />Trustee shall die, resign or become disqualified from acting in the execution of this trust, or Beneficiary
<br />shall desire to appoint a substitute Trustee in accordance with § 76 -1004 of the Nebraska Trust Deeds
<br />Act, Beneficiary shall have full power to appoint one or more substitute Trustees and, if preferred, several
<br />substitute Trustees in succession who shall succeed to all the estates, rights, powers and duties of Trustee.
<br />Such appointment may be executed by any authorized agent of Beneficiary and as so executed, such ap-
<br />pointment shall be conclusively presumed to be executed with authority, valid and suf'f'icient, without fur-
<br />ther proof of any action.
<br />Section 8.4 Perfection of Appointment. Should any deed, conveyance or instru-
<br />ment of any nature be required from Grantor by any successor Trustee to more fully and certainly vest in
<br />and confirm to such successor' Trustee such estates, rights, powers and duties, then, upon request by such
<br />Trustee, all such deeds, conveyances and instruments shall be made, executed, acknowledged and deliv-
<br />ered and shall be caused to be recorded and /or filed by Grantor.
<br />Section 8.5 Trustee Liability. In no event or circumstance shall Trustee or any sub-
<br />stitute Trustee hereunder be personally liable under or as a result of this Deed of Trust, either as a result
<br />of any action by Trustee (or any substitute Trustee) in the exercise of the powers hereby granted or other-
<br />wise.
<br />ARTIC:LL 9
<br />MISCELLANEOUS
<br />Section 9.1 Notices. Any notice required or permitted to be given under this
<br />Deed of Trust shall be given in accordance with Section 10.02 of the Credit Agreement. Grantor
<br />hereby requests that a copy of any notice of default and a copy of any notice of sale required by the Ne-
<br />braska Trust Deeds Act be mailed to Grantor in the manner provided in the Nebraska Trust Deeds Act to
<br />the address set forth in the first paragraph of this Deed of Trust,
<br />Section 9.2 Covenants Running with the Land. All Secured Obligations contained
<br />in this Deed of Trust are intended by Grantor, Beneficiary and Trustee to be, and shall be construed as,
<br />covenants running with the Land.. As used herein, "Grantor" shall refer to the party named in the first
<br />paragraph of this Deed of Trust and to any subsequent owner of ail or any portion of the Mortgaged Prop-
<br />erty, All Persons who may have or acquire an interest in the Mortgaged Property shall be deemed to have
<br />notice of, and be bound by, the terms of the Credit Agreement and the other Loan Documents; provided,
<br />however, that no such party shall be entitled to any rights thereunder without the prior written consent of
<br />Beneficiary,
<br />Section 9.3 Administrative Alzent May Perform; Administrative Agent _AE:
<br />pointed Attorney -in -I+ act If following the occurrence and continuance of an Event of Default, Grantor
<br />shall fail to perform any covenants contained in this Deed of Trust (including Grantor's covenants to (i)
<br />pay the premiums in respect of all required insurance policies hereunder, (ii) pay and discharge any taxes,
<br />assessments and special assessments, levies, fees and governmental charges imposed upon or assessed
<br />against, and landlords', carriers', mechanics', workmen's, repairmen's, laborers', materialmen's, suppli-
<br />ers' and warehousemen's liens and other claims arising by operation of law against, all or any portion of
<br />the Mortgaged Property, (iii) make repairs, (iv) discharge liens or (v) pay or perform any obligations of
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