t
<br />89-- 10295.9,
<br />manner the liability of the original Trustor and Trustor's successor in
<br />interest. Beneficiary shall not be required to commence proceedings
<br />against such successor or refuse to extend the time for payment or other-
<br />wise modify amortization of the sums and indebtedness secured by this Deed
<br />of Trust by reason of any demand made by the original Trustor and Trustor's
<br />successors in interest; (h) without affecting the liability of the Trustor
<br />or any other person liable for the payment of the obligations and indebted-
<br />ness secured by this Deed of Trust, and without affecting the lien or
<br />charge of this Deed of Trust upon any portion of the Property not then or
<br />theretofore released as security for the full amount of all unpaid obliga-
<br />tions, Beneficiary assay, from time to time and without notice (i) release
<br />any person so liable, (ii) extend the maturity or alter any of the terms of
<br />any such obligation, (iii) grant other indulgences, (iv) release or recon-
<br />vey„ or cause to be released or reconveyed at any time at Beneficiary's
<br />option any parcel,.portion or all of the Property, (v) take or release any
<br />other or additional security for any obligation or indebtedness herein
<br />mentioned,,or- (vi)l• make compositions or other arrangements with debtors in
<br />relation thereto; (i) in addition to the rights and powers given to the
<br />Trustee and Beneficiary hotein, the Beneficiary shall have all such other
<br />rights both in law and equity for collection of the indebtedness secured
<br />hereby as it would have but for this Deed of Trust; (j) all covenants and....
<br />agreements.of Trustor set forth in this Deed of Trust shall be joint anal;
<br />several; (k) this Deed of Trust shall be governed by the laws of the State
<br />of Nebraska; (1) in, the event any one or more of the provisions contained
<br />in.this Deed of Trust, or the Note or any other security instrument given
<br />in connection with the indebtedness hereby secured shall for any reason.be
<br />held to be invalid, illegal or unenforceable in any respect, such invalidi-
<br />ty, illegality, or une'nforceability shall, at the option of Beneficiary,,;
<br />not affect any other provision of this Deed of Trust, but this -Deed of
<br />Trust shall be construed as if such invalid., illegal, or unenforceable
<br />had never contained d h i_ 1L r the iJiGV�31�J11 bCCll 4Vl1LOinCtt 1 eLei11 VL 41iCrC its it {. C s3C2t"ZJ "'- 42 T.s
<br />Deed of Trust is invalid or unenforceable as to any part of the indebted-
<br />ness hereby secured or evidenced by the Note, or if the lien is invalid or
<br />unenforceable as to any part of the Property, the unsecured or partially
<br />secured portion of such indebtedness shall be completely paid prior to -the
<br />payment of the remaining and secured or partially secured portion of such
<br />indebtedness„'and all payments made on such indebtedness, whether voluntary
<br />or under foreclosure or other enforcement action-or procedure, shall be
<br />considered to., have' been t✓i.rst paid on and applied to the full payment of
<br />that portion of sdch.indebtedness which is not secured or not fully secured
<br />by the lien.:of this Deed of Trust; and (m) the covenants and agreements
<br />contained in this need of Trust shall bind, and the benefits and advantages
<br />hereof shall inure to the respective heirs, executors, administrators,
<br />successors and assigns of-the parties hereto. Wherever used herein, the
<br />singular number shall include the plural and conversely, and the use of any
<br />gender shallbe applicable to all genders. Wherever the term "Beneficiary"
<br />is used herein, it shall Include the legal holder or holders of the Note or
<br />the indebtedness. secured hereby.
<br />SEVENTH: UOdn written request of Beneficiary stating that all amounts
<br />and indebtedness secured hereby have been paid, and upon surrender of this
<br />Deed of Trust and the Note to Trustee for the cancellation and retention
<br />and upon payment by Trustor of Trustee's fees, Trustee shall reconvey to
<br />Trustor, or the person or persons legally entitled thereto, without war-
<br />ranty, any portion of the Property then held by Trustee hereunder. The
<br />recitals in such reconveyance of any matters or facts shall be conclusive
<br />proof of the truthfulness thereof. The grantee of any reconveyance may be
<br />described as "the person or persons legally entitled thereto."
<br />EIGHTH: Except for any notices, demands, requests or other communica-
<br />tions required under applicable law.to be given in another manner, whenever
<br />Beneficiary, Trustor or Trustee gives or serves any notice (including,
<br />without limitation, notice of default and notice of sale), demands, re-
<br />quests or other communications with respect to this Deed of Trust, each
<br />such notice, demand, request or other corimunication shall be in writing and
<br />shall be effective only if the same is delivered b7 personal service or
<br />mailed by certified mail, postage prepaid, return receipt requestod,
<br />addressed to the address of the party to whon<< riai :eel as 4r•t. �Orth at tilt-
<br />end of this Deed of Trust. Any party may <st :.ry tiro• _*titmgc, i t l-: :s1i(t1 F ,s
<br />for such noticcG by drulivcring or small inq Ir, *.';c• ot,:
<br />aforesaid, a notic -P rif such "ian(w. T.:1y f:r.! . i i-I•t• f Si ti } r i �•� -+
<br />III
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