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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 <br />R <br />