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200102813 <br />16. REQUEST FOR NOTICE. Trustor hereby requests a copy of any notice of default and that any <br />notice of sale hereunder be mailed to it at the address set forth in the first paragraph of this Deed of Trust. <br />17. GOVERNING LAW. This Deed of Trust shall be governed by the laws of the State of Nebraska. <br />In the event that any provision or clause of any of the Loan Documents conflicts with applicable laws, such conflicts <br />shall not affect other provisions of such Loan Documents which can be given effect without the conflicting <br />provision, and to this end the provisions of the Loan Documents are declared to be severable. This instrument <br />cannot be waived, changed, discharged or terminated orally, but only by an instrument in writing signed by the party <br />against whom enforcement of any waiver, change, discharge or termination is sought. <br />18. RECONVEYANCE BY TRUSTEE. Upon written request of Beneficiary stating that all sums <br />secured hereby have been paid, and upon surrender of this Deed of Trust and the Note to Trustee for cancellation <br />and retention and upon payment by Trustor of Trustee's fees, Trustee shall reconvey to Trustor, or the person or <br />persons legally entitled thereto, without warranty, any portion of the Trust Estate then held hereunder. The recitals <br />in such reconveyance of any matters or facts shall be conclusive proof of the truthfulness thereof. The grantee in <br />any reconveyance may be described as "the person or persons legally entitled thereto." <br />19. NOTICES. Any notice, demand, request or other communication with respect to this Deed of <br />Trust shall be in writing and shall be effective only if the same is delivered by personal service or mailed first class <br />or by certified mail, postage prepaid, return receipt requested. Any party may at any time change its address for <br />notice of such change. <br />20. TIME OF THE ESSENCE AND NON - WAIVER. Time is of the essence of this Deed of Trust. <br />Acceptance by Beneficiary of any sum secured hereby after its due date does not constitute a waiver by Beneficiary <br />of its right to require prompt payment when due of all other sums so secured or to declare default for failure to so <br />timely pay. <br />21. ASSIGNMENT OF LEASES AND RENTS. Trustor hereby absolutely assigns and transfers to <br />Beneficiary all the leases, rents, issues and profits of the Property, and hereby gives to and confers upon Beneficiary <br />the right, power and authority to collect such rents, issues and profits. Trustor irrevocably appoints Beneficiary its <br />true and lawful attorney -in -fact, at the option of Beneficiary at any time and from time to time, to take possession <br />and control of the Property and to demand, receive and enforce payment, to give receipts, releases and satisfaction, <br />and to sue, in the name of Trustor or Beneficiary, for all such rents, issues and profits and apply the same to the <br />amounts due under the loan documents; provided, however, that Trustor shall have a revocable license to possess <br />and control the Property and to collect such rents, issues and profits (but not more than one month in advance) prior <br />to or at any time there is not an event of Default under any of the Loan Documents. This assignment of the rents, <br />issues and profits of the Property is intended to be an absolute assignment from Trustor to Beneficiary and not <br />merely the passing of a security interest. <br />22. ACCEPTANCE BY TRUSTEE. Trustee accepts this Trust when this Deed of Trust, duly <br />executed and acknowledged, is made a public record as provided by law. <br />IN WITNESS WHEREOF, Trustor has executed this Deed of Trust as of the day and year first above <br />written. <br />STATE OF NEBRASKA ) <br />ss. <br />COUNTY OF H19LL 1 <br />Ro neman <br />A. Neneman <br />6ENERALINOTARMW 0 Nel ub J. <br />of Com AR: l <br />The foregoing instrument was acknowledged before me, a notary public, by Roy D. Neneman and Lucy A. <br />Neneman, husband and wife, on AP AT L 2, 2001. <br />Notary <br />25106 -1 <br />