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201503758 <br />Trustee, Beneficiary or any receiver appointed in accordance with this deed of trust, in the exercise of any right or <br />remedy afforded any of them under this deed of trust; or be construed as an affirmation by Trustee or Beneficiary <br />of any tenancy, lease or option, or a subordination of the lien of this deed of trust. <br />12.05 Merger. No merger shall occur as a result of Trustee's or Beneficiary's acquiring any other estate <br />in or any other lien on the Property. <br />12.06 Waiver of Dower. Homestead. and Distributive Share. Trustor relinquishes all right of dower, if <br />any, and waives all right of homestead exemption and distributive share in and to the Property. Trustor waives <br />any right of exemption as to the Property. <br />12.07 Waiver of Marshalling. Trustor waives all rights, legal and equitable, it may now or hereafter <br />have to require marshalling of assets or to require upon foreclosure sales of assets in a particular order. Each <br />successor and assign of Trustor, including any holder of a lien subordinate to this deed of trust, by acceptance of its <br />interest or lien agrees that it shall be bound by the above waiver, as if it had given the waiver itself. <br />12.08 Waiver of Certain Other Laws. To the full extent Trustor may do so, Trustor agrees that Trustor <br />will not at any time insist upon, plead, claim or take the benefit or advantage of any law now or hereafter in force <br />providing for appraisement, valuation, stay, extension, equity or redemption, any statutory or common law right of <br />redemption, and all other exemptions, and Trustor, for Trustor, and its representatives, successors and assigns, <br />and for any and all persons ever claiming any interest in the Property, to the extent permitted by law, hereby <br />waives and releases all rights of redemption (including, without limitation, any common law or statutory right of <br />redemption), and all other exceptions, as well as valuation, appraisement, stay of execution, or notice of election <br />to mature or declare due the whole of the Secured Obligations in the event of foreclosure of the lien created by <br />this deed of trust. WITHOUT LIMITATION, IF THE UNDERSIGNED TRUSTOR, OR ANY OF THEM, IS A CORPORATION, <br />TRUSTOR HEREBY RELEASES AND WAIVES ANY AND ALL RIGHTS OF REDEMPTION FROM SALE UNDER ANY <br />JUDGMENT OF FORECLOSURE AND EACH OF THE ITEMS WAIVED AND RELEASED ABOVE, ON BEHALF OF TRUSTOR, <br />AND EACH AND EVERY PERSON ACQUIRING ANY INTEREST IN OR TITLE TO THE PROPERTY, SUBSEQUENT TO THE <br />DATE OF THIS DEED OF TRUST, AND ON BEHALF OF ALL OF THE PERSONS TO THE EXTENT PERMITTED BY <br />APPLICABLE LAW OF THE STATE OF NEBRASKA. <br />12.09 Joint and Several Obligations. If Trustor consists of more than one Person, each Trustor (a) <br />acknowledges and undertakes, together with the other Trustors, joint and several liability for the indebtedness, <br />liabilities and obligations of Trustor under this deed of trust; (b) acknowledges that this deed of trust is the <br />independent and several obligation of each Trustor and may be enforced against each Trustor separately, whether <br />or not enforcement of any right or remedy hereunder has been sought against any other Trustor; and (c) agrees <br />that its liability hereunder and under any other Secured Obligation Document shall be absolute, unconditional, <br />continuing and irrevocable. TRUSTOR EXPRESSLY WAIVES ANY REQUIREMENT THAT TRUSTEE EXHAUST ANY <br />RIGHT, POWER OR REMEDY AND PROCEED AGAINST THE OTHER TRUSTOR UNDER THIS DEED OF TRUST, OR ANY <br />OTHER SECURED OBLIGATION DOCUMENTS, OR AGAINST ANY OTHER PERSON UNDER ANY GUARANTY OF, OR <br />SECURITY FOR, ANY OF THE SECURED OBLIGATIONS. <br />12.10 Authority to Bind Trustor. If Trustor is comprised of multiple Persons, any Person comprising <br />Trustor is hereby authorized to bind all parties comprising Trustor. Trustee or Beneficiary may, at any time and <br />without notice, waive any prior requirement that requests, authorizations, or other actions be taken only by a <br />Designated Person. <br />12.11 Binding Effect; Successors and Assigns. The Secured Obligation Documents shall inure to the <br />benefit of and shall be binding upon the parties and their respective successors and assigns; provided, that Trustor <br />shall not assign its rights or obligations hereunder without Beneficiary's consent. However, this section does not <br />waive the provisions of Section 7.09; and Trustor shall not assign its rights or obligations hereunder without <br />Beneficiary's consent. Beneficiary may transfer all or any portion of its rights under the Secured Obligation <br />Willoughby <br />Deed of Trust, Assignment of Rents, Security Agreement, and Fixture Filing <br />Loan no. 197694 <br />17 <br />Rev. 1.7.2015 <br />