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89-- 101934 <br />otherwise specifically provided herein, shall continue in full <br />r force and effect until the indebtedness shall have been paid in <br />full and this Deed of Trust released. <br />43. successors and Assigns. All of the terms and Obligations <br />of this Deed of Trust shall run with the land and shall apply to, <br />and be binding upon, the successors and'assigns of Trustor and <br />shall inure to the benefit of the•successors and assigns of <br />Beneficiary. <br />l . 44. ssverabilitg. In c Y one or mom <br />m o€ the testes` ;�;�' � <br />q+kL g ations under- :this Deed ok- tr r-t shall be ,r aiici,: illegal.- <br />or <br />;. 4a ,rorceabPe in anir rest c; s nre va l iditc o f .tatrra ' ; eta i z:xta <br />g sh7s 1.. ixm rYra,; :isJr�rt ,, 3tv r,Li4c^i <br />`.r .�'LIi�lGtuu��•• there%, , ' . � % � •: ,� , <br />t •:''.° � 57 teams of:.th s Deed of Trust may not be . <br />; y , ' a iv6d, discharged or terminated orally, but only by an <br />instrument or instruments in writing. Except as otherwise <br />specifically provided herein, all such instruments shall be signed <br />by Trustor, Trustee and Beneficiary. <br />46. Counterpart. This Deed of Trust may be executed in any <br />number of counterparts, each of which shall be an original but all <br />of which together shall constitute one instrument. <br />47. Applicable Law. This Deed of Trust shall be governed by <br />the laws of the State of Nebraska which laws shall be applicable in <br />the interpretation, construction and enforcement hereof. <br />48. Headings. The section and subsection headings hereof are <br />inserted for convenience of reference only and shall in no way <br />alter or modify the text of such sections and subsections. <br />49. Ri.gbts and Rgadiea Cumulative; Forbearance Not a waiver. <br />All various rights, powers, options, elections, appointments and <br />remedies provided in this Deed of Trust small be construed as <br />cumulative and concurrent and no one of them as exclusive of the <br />others, or of any other rights or remedies allowed by taw, and may <br />be pursued by Beneficiary or Trustee separately, successively or <br />together against Trustor or against other obligors or against the <br />Trust Property, or any one or more of them, in the sole discretion <br />of Beneficiary, and may be exercised by Beneficiary and Trustee as <br />often as occasion therefor shall arise, provided always That <br />neither Beneficiary nor Trustee nor any of their agents or <br />attorneys shall incur any personal liability for acts or omissions <br />hereunder. <br />Vo delay or omission by Beneficiary or Trustee to exercise any <br />right or remedy accruing upon any default by Trustor shall impair <br />any such right or remedy or shall be construed to be a waiver of <br />such default of acquiescence therein, and every such right and <br />remedy may be exercised from time to time as often as may be deemed <br />expedient. Any prior forbearance or acquiescence by Beneficiary or <br />Trustee concerning any default by Trustor under any of the terms or <br />Obligations of this Deed of Trust, including, but not limited to, <br />acceptance of past due payments and acceptance of reimbursements <br />for advances made for taxes, insurance, repairs or liens, shall not <br />constitute a waiver of default, and Beneficiary shall have the <br />right thereafter to insist upon strict performance by Trustor of <br />all such terms and Obligations. <br />x'Sscolla ocus Rights of EUtnefl.ciary. , Ban.arial' ary-.may at <br />any time and from. time to time, without" notice,, and w:Lt jiWou►t <br />iMpairing ar adversely affecting the lii311� ,[Iereof, cbr�,�c�r�} to ' the <br />making of any plat of thef..'rrust prapej*ty jar. tire. creation of ' ' <br />eaGazent thereon or any covenants ri esiri61: mq x;1 :4e or occupallay <br />thereof or agree tc- alter or amend tho, tdi� oi. �rnfs -Dined of .Vrust. <br />Any person 0i 1 property remaxs:.�ing upon tine:::! r.�usG ?�' pc�itls` _after the <br />Trust Property has been po.ss'essed or oceuJsi.ed� bi 13dria.iEidfary, its <br />D:\LOANDOC \HEALTH.DOT <br />April lo, 1989 23 <br />TM f <br />,w <br />