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�012o5os� <br />bonds, and, if allowed by law, reasonable attorney's fees, and then to sums secured by this Deed <br />of Trust. <br />P. The waiver by TRUSTEE or BENEFICIARY of any default of TRUSTORS under this <br />Deed of Trust,. on one occasion, sha11 not be or be deemed to �e a waiver of any other or similar <br />defaults subsequently occurring. <br />Q. If titl� to any part of the property herein sha11 be taken in condemnation proceedings, by <br />right of eminent domain, or similar action, or shall be sold under threat of condemnation, a11 <br />awards, damages and proceeds are hereby assigned and shall be paid to the BENEFICIARY, <br />who shall apply such payment, or any part thereof, in their sole discretion, to the sum due at that <br />time on tkus .Deed of Trust and Trust Deed Note, with any balance above the amount due <br />hereunder payable to the TRUSTORS. <br />R. The BENEFICIARY, its agents or representatives, are hereby authorized to enter, at any <br />reasonable time, upon any part of the trust property for the purposes of inspecting the same and <br />for the purpose of performing any of the acts they are authorized to perform under the terms of <br />this Deed of Trust and other accompanying documents. <br />S. This Deed of Trust and all accompanying documents are subject to, constructed and <br />governed by the laws of the State of Nebraska for all purposes. <br />T. In the event any one or more of the provisions contained in this Deed of Trust, Trust Deed <br />Notes, Line of Credit, or any other instniment given in connection with this transaction, sha11 <br />for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, <br />illegality,.or unenforceability shall, at the option of the BENEFICIARY, not affect any other <br />provisions of this Deed of Trust or Trust Deed Note or Line of Credit, but this Deed of Trust, <br />Trust Deed Note or Line of Credit shall be construed as if such invalid, illegal or unenforceable <br />provisions had never been contained therein, it being the intention of the parties that the <br />provisions of this Deed of Trust are declared to be severable. <br />U. This Deed of Trust shall inure to and bind the heirs, devisees, personal representatives, <br />successors and assigns of the parties hereto. <br />V. Trustee's Fee & Attornev's Fee: In the event of any default, unless specifically waived in <br />writing by BENEFICIARY or Trustee, TRUSTOR agrees to pay Trustee a fee which is <br />reasonably related to the work actually done by the Trustee. This reference is made so that <br />the language of Neb.Rev.Stat. 76-1011 is incorporated, herein. In the event there is a <br />reinstatement, the Trustee's fee may be limited as provided in Neb.Rev.5tat. 76-1012. <br />Further, TRUSTOR agrees to pay an attorney's fee incurred either by the BENEFICIARY of <br />the Trustee for the enforcement of the rights of BENEFICIARY or Trustee in the event of any <br />default. Such attorney's fee shall be reasonable under the circurristances. <br />W. R'i�ht.To Reinstate: [f TRUSTOR meets certain conditions, Borrow shall have the right <br />to have enforcement of this Deed of Trust discontinued at any time and in the manner <br />provided by Neb.Rev.Stat. 76-1006 and 76-1012, as now or hereafter amended. <br />X. Reconvevance: Upon payment of all sums as herein provided, BENEFICIARY shall <br />direct Trustee to reconvey the real estate and shall surrender this Deed of Trust and the Note <br />it secures. Trustee shall reconvey the Property, without warranty of title and without charge to <br />the persons legally entitled to it. <br />Y. Time .of Essence: Time is of the essence of this Deed of Trust, which means that any <br />performance required on a particular date must to be accomplished on that exact date because <br />such is the specific bargain of the parties, hereto. <br />The T�USTORS request that a copy of any Notice of Default and any Notice of Sale <br />hereunder be 'mailed to them at the address herein set forth, or such other address as they may <br />provide to the TRUSTEE and BENEFICIARY. TRUSTORS further state tliat they have given the <br />BENEFICIARY a written Acknowledgment which states that as TRUSTORS, they understand that <br />the document that they are executing herein is a Deed of Trust and not a mortgage, and that the <br />power of sale provided for in this Deed of Trust provides substantially different rights and <br />-5- <br />