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2� 15�8259 <br /> and for�he purpose af performing any of the acts �t is autharized t� perform under the terms of the Trust <br /> Deed. <br /> 16. aPTI�N T� F�RECL�SURE. Upon the occurrence of any �reach and upan the <br /> declaration af defaul� hereunder, Beneficiary shall ha�� the option ta foreclose this Trust Deed in the <br /> manner pro�ided by law f�r the foreclosure of trust deeds�n r�a�pr�perty. <br /> 17. F�RBEARANCE BY BENEFI�IARY �R T�.USTEE N�T A WAIVER. Any <br /> farbearance by Benef ciary or Trustee �n exercising any right or remedy hereunder, or�therwise afforded <br /> by appli�ab�e law, shall n�t be a waiver of or preclude the exercise of any such right or remedy. <br /> Likewise, the wai�er by Beneficiary or Trustee of any default af Trustor under this Trust Deed sha�l no� <br /> be deem�d to be a wai�er af any other or similar defaults subsequently occurring. <br /> 18. �ENEFICIARY'S P�WERS. �Vithout affecting or releasing the ��ability of the Trustar <br /> or any other person l�ab�e f�r the paymen� �f any obliga�ion herein mentioned, and w�thout affecting the <br /> ��en or charge af�his Trus� I3e�d upon any port�on of the Proper�y. Beneficiary may, from time �o time <br /> and withou� n��ice at �he request af one or more Trustar�, �i} release an}� person liable, (ii} e�tend or <br /> renew the maturity or al�er any of�he �erms �f any such abligati�ns, (iii} grant other �ndulgences, ���� <br /> release ar recanvey, or cause �o be released �r re�on�eyed, at any time at Beneficiary's optian any parce� <br /> or all af the Praperty, (�} take ar release any o�her or additiana� seeurity for any obligation herein <br /> mentioned, ��i� make sett�ements or ather arrangements with Trustor �n relation thereto. AI� Trustors <br /> shall be jointly and severa�ly ob�igated and bound by the actiions of the Beneficiary ar any one or m�re <br /> Trus�or as stated in this paragraph. <br /> I9. ATT�RNEY FEES, C�STS,AND EXPENSES. The Beneficiary of this Trust I]eed is <br /> �n��tled �a the payment of attorneys' fees, costs, and expenses as pra�ided in this Trust Deed, except as <br /> �therw�se prohibited by 1avv. <br /> Z0. RE��NVEYANCE BY TRUSTEE. Upon vvr�tten request af Beneficiary and upon <br /> payment by Trustor of Trustee's fees, Trustee shall recon�ey �o Trustor, or the person ar persons �ega�ly <br /> ent�tled �hereto, without vvarraflty, any por�ion �f�he Pr�per�y then held hereunder. Re�itals in such <br /> recan�eyance of any matters or facts shall �e conclusive pr�of of the truthfulness thereof. The grantee in <br /> any r�con�eyan�e may be�iescribed as "the person or persons �egally entit�ed thereto." <br /> 2I. N�TICES. Except for na��ces, demands, re�uests, or other communicatians required <br /> under applica�le �aw to be gi�en in another manner, whene�er Beneficiary, Trustor or Trustee gives ar <br /> ser�es any no�ice �inc�uding, 'V�1tr1QLi� 1117�1t�t1QI7, nOt1Ce Qf C�efa.Ll�t a17C� I7(��1Ce 4f 5a1e�, demands, requests, <br /> or other communication with respe�t to this Trust Deed, each such natice, demand, request, ar ather <br /> communicatian shall be in wri�ing and shal� be effe�tive only if the same is de�iver�d by persanal sex-v�ce, <br /> o�ernight deli�ery �ervice, or is mailed by cer�ified mail, postage prepaid, addressed to the address as set <br /> f�rth at the beg�nning of this Trust Deed. An� party may at any time change its address for such notices <br /> by deli�ering or mailing to the other party hereto, as af�resaid, a notice of such �hange. Any notice <br /> hereunder shall be deemed to ha�e been given to Trustor or Benefic�ary, when given in the manner <br /> designated here�n. <br /> �2. REQUEST F�R N�TI�E. Trustor and Benef ciary hereby request a copy of any <br /> natice of defaul�, and a c�py of any notice of sale thereunder, be mailed to each persan wha is a party <br /> hereto at�he address for such pers�n set forth in the first paragraph�f this Trust Deed. � <br /> Z3. GUVERNIN� LA''�V. This Trust I]eed shall be go�erned by the �aws of the state of <br /> Nebraska. <br /> 24. SUCCESS�]RS AND ASSIGNS. This Trus� Deed, and a�l terms, conditiflns, and <br /> o��igations herein, app�y �a and inure to th� benefit of and binds all parties hereta, �heir heirs, iegatees, <br /> devisees, persoria� representati�es, successors, and asstgns. The term "Beneficiary" sha11 mean the awner <br /> and h�lder of the Note,whether ar not named as Beneficiary herein. <br /> �5. J�INT AND SEVER.AL LIABILITY. AlI co�enants and agreemen�s of Trustar shatl <br /> �e j oin�and se�eral. <br /> �6. SEVER.ABILITY. In the event af any one �r mare of the provisions contained �n this <br /> Trust I]eed ar the Note ar any other security ins�rument gi�en �n cnnnectian with th�s transaction shall for <br /> any reasan be in�alid, illegal, or unenforceab�e in any respect, su�h invalidity, il�egality, or <br /> unenf�rceability shall, at the optian �f Benefic�ary, na� affe�t any other provision �f this Trust Deed, but <br /> th�s Trust Deed shall be cans�rued as if such in�alid, iilega�, ar unenfarceable provisi�n had ne�er been <br /> �antained hereir� ar therein. If the lien of the Trust Deed is invalid or unenfarceable as to any part of�he <br /> debt, or if the �ien is in�alid or unenforceab�e as to any part of the Praperty, the unsecured ar partially <br /> secured portion of the deb� shal� be compl�tely paid prior to the payment af the remaining and se�ured or <br /> par-tiai�y se�ured port�on of the debt, and all payments made an the debt, whether �oluntary �r <br /> in�oluntary, shall �e cansidered to ha�e been first paid on and applied to th� fu�l payment of that por�ion <br /> of the debt which is not secured or not fu�ly secured by the lien of this Trust I]eed. <br /> Page 7 of 8 <br />