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20120763� <br />23. GOVERNING LAW. This Trust Deed shall be govemed by the laws of the state of Nebraska. <br />24. SUCCESSORS AND ASSIGNS. This Trust Deed, and all terms, conditions, and obligations <br />herein, apply to and inure to the benefit of and binds all parties hereto, their heirs, legatees, devisees, personal <br />representatives, successors, and assigns. The term "Beneficiary" shall mean the owner and holder of the Note, <br />whether or not named as Beneficiary herein. <br />25. JOINT AND SEVERAL LIABILITY. All covenants and agreements of Trustor shall be joint <br />and several. <br />26. SEVERABILITY. In the event of any one or more of the provisions contained in this Trust Deed <br />or the Note or any other security instrument given in connection with this transaction shall for any reason be invalid, <br />illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall, at the option of <br />Beneficiary, not affect any other provision of this Trust Deed, but this Trust Deed shall be construed as if such <br />invalid, illegal, or unenforceable provision had never been contained herein or therein. If the lien of the Trust Deed <br />is invalid or unenforceable as to any part of the debt, or if the lien is invalid or unenforceable as to any part of the <br />Property, the unsecured or partially secured portion of the debt shall be completely paid prior to the payment of the <br />remaining and secured or partially secured portion of the debt, and all payments made on the debt, whether <br />voluntary or involuntary, shall be considered to have been first paid on and applied to the full payment of that <br />portion of the debt which is not secured or not fully secured by the lien of this Trust Deed. <br />27. TRUSTEE LIABILITY. So long as the Trustee shall act in good faith and in reliance upon <br />notices and other information which it, in its sole discretion, may deem to be reliable, and so long as Trustee shall <br />exercise reasonable prudence and care in its administration hereunder, Trustee shall not be liable for any loss or <br />da.mage sustained or incurred by the Trustors or any Beneficiary or by any other persons whomsoever, it being <br />expressly stipulated that the Trustee shall be liable only for its own gross negligence and willful default in the <br />premises. <br />28. NLTMBER AND GENDER Whenever used herein, the singular number shall include the plural, <br />and the use of any gender shall be applicable to all genders. <br />29. ACCEPTANCE BY TRUSTEE. Trustee accepts this Trust when this Trust Deed, duly executed <br />and acl�owledged, is made a public record as provided by law. <br />IN WITNESS WHEREOF, Trustor has executed this Trust Deed as of the date and yeaz first above <br />written. <br />STONEWOOD TOWNHOMES II, LLC <br />By: Housing Plus, LLC <br />Managing Member <br />B <br />Ka L. Mesner, Member <br />STATE OF NEBRASKA ) <br />) SS. <br />COUNTY OF MERRICK ) <br />The foregoing instrument was acknowledged before me this 7th day of September, 2012, by Kathryn L. <br />Mesner, Member of Housing Plus, LLC, Managing Member of Stonewood Townhomes II, LLC on behalf of <br />Stonewood Townhomes II, LLC. <br />WITNESS my hand and notarial seal the day and year last above written. <br />C�IERAI. NOTANY - 5tate at Nebraska <br />CRt31Y R.1ARSbN ' . <br />My Canm. Exp. Feb.12, 2016 <br />/ � <br />_• �; � �/i i� <br />�. � �P - - <br />7 <br />