|
�p�20076J
<br />refuse to extend the time for payment or otherwise modify amortiza-
<br />tion of the sums and indebtedness secured by thia Deed of Trust by
<br />reason of any demand made by the original Trustor and Trustor's
<br />successors in interest; (h) without affecting the liability of the
<br />Trustor or any other person liable for the payment of the obliga-
<br />tions and indebtedness secured by this Deed of Trust, and without
<br />affecting the lien or charge of this Deed of Trust upon any portion
<br />of the Property not then or theretofore released as security for
<br />the ful.l amount of all unpaid obligations, Beneficiary may, from
<br />time to time and without notice (i) release any person so liable,
<br />(ii) extend the maturity or alter any of the terms of such
<br />obligation, (iii) grant other indulgences, (iv} release or
<br />reconvey, or cause to be released or reconveyed at any time at
<br />Beneficiary's option any parcel, portion or all of the Property,
<br />(v) take or re7.ease any other or additional security for any
<br />obligation or indebtedness herein mentioned, or (vi) make composi-
<br />tions or other arrangements with debtors in relation thereto; (i)
<br />in addition to the rights and powers given to the Trustee and
<br />Beneficiary herein, the Beneficia�y shall, have all such other
<br />rights both in law and equity for collection of the indebtedn.ess
<br />secured hereby as it would have but �or thia Deed of Trust; (j) all
<br />covenants and agreements of Truator set forth in this Deed of Trust
<br />shall be joint and several; (k) this Deed of Trust shall be
<br />governed by the laws of the State af Nebraska; (1) in the even.t any
<br />one or more of the provisians contained in this Deed of Trust, or
<br />the NoCe or any other security instrument given in connection with
<br />the indebtedness hereby secured shall tor any reason be held to be
<br />invalid, illegal or unenforceable in any respect, such invalidity,
<br />illegality, or unenfarceability shall., at the option of Beneticia-
<br />ry, not affect any other provision of this Deed of Trust, but this
<br />Deed of Trust shall be construed as if such invalid, illegal, or
<br />unenforceable provision had never been contained herein or therein.
<br />If the lien of this Deed of Trust is invalid or unenforceable as to
<br />any part of the indebtedness hereby secured or evidenced by the
<br />Note, or if the lien is invalid or unenforcea.ble as to any part of
<br />the Property, the unsecured or partially seCUred portion of such
<br />in.debtedness shall be completely paid prior to the payment of the
<br />remaining and secured or partially secured portion. of such
<br />indebtedness, and all paymen.ts made on such indebtedness, whether
<br />voluntary or under foreclosure or other enforcement action or
<br />pracedure, shall be considered to have been first paid on and
<br />applied to the fu11 payment of that portion of such indebtedness
<br />which is not secured or not fully secured by the lien of this Deed
<br />af Trust; and (m) the Covenants and agreements contained in this
<br />Deed of Trust shall bind, and the benefits and advantages hereof
<br />shall inure to the respective heirs, executors, administrators,
<br />successors and assigna of the parties hereto. Wherever used
<br />herein, the singular number shall include the plural and converse-
<br />ly, and the use of any gender shall be applicabl.e to all genders.
<br />Wherever the term "Beneficiary" is used herein, i� shall include
<br />the 1ega1 holder or holders of the Note or �he indebtedness aecured
<br />hereby.
<br />SEVENTH. Upon written request of Beneficiary atatin.g that all
<br />amounts and indebtedness secu.red hereby have been paid, and upon.
<br />surrender of this Deed of Trust and the Note to Trustee for the
<br />canceZlation and retention and upon payment by Trustor of Trustee's
<br />fees, Trustee shall reconvey to Trustor, or the person or persons
<br />legally entitled thereto, without warranty, any portion of the
<br />Praperty then held by Trustee hereunder. The recitals in auch
<br />reconveyance of any matters or facts shall be conclusive proof of
<br />the tru.thfulness th,ereof. The grantee of any recanveyance may be
<br />described as "the person or persona legally entitled thereto."
<br />EIGHTH. Except for any notices, demands, requests or other
<br />communicativns required under applicable law to be given in another
<br />manner, whenever Beneficiary, Trustor or Trustee gives or serves
<br />ara.�r notice (including, without limitation, notice of default and
<br />notice of sa1e�, demands, requesta or other communications with
<br />respect to this Deed of Trust, each such notice, demand, request or
<br />other communication �hall be in writing a.nd shall be effective only
<br />if the same is delivered by personal service or mailed by certified
<br />
|