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201901173 <br />Mortgaged Premises is located, shall be governed by and construed in accordance with the <br />internal laws of the state in which the Mortgaged Premises are located without regard to <br />principles of conflicts of law. Otherwise, all other obligations of Grantor (including, but not <br />limited to, the liability of Grantor for any deficiency following a foreclosure of all or any part of <br />the Mortgaged Premises) shall be governed by and construed in accordance with the internal laws <br />of the State of Nebraska without regard to principles of conflicts of laws, such state being the <br />state where such documents were executed and delivered. <br />34. Partial Invalidity. All rights, powers and remedies provided herein are intended to <br />be limited to the extent necessary so that they will not render this Deed of Trust invalid, <br />unenforceable or not entitled to be recorded, registered or filed under any applicable law. If any <br />term of this Deed of Trust shall be held to be invalid, illegal or unenforceable, the validity and <br />enforceability of the other terms of this Deed of Trust shall in no way be affected thereby. <br />35. Successors and Assigns. Whenever any of the parties hereto is referred to, such <br />reference shall be deemed to include the successors and assigns of such party; and all the <br />covenants, promises and agreements in this Deed of Trust contained by or on behalf of Grantor, <br />or by or on behalf of Trustee or Beneficiary, shall bind and inure to the benefit of the respective <br />successors and assigns of such parties, whether so expressed or not. <br />36. Headings. The headings in this instrument are for convenience of reference only <br />and shall not limit or otherwise affect the meaning of any provision hereof <br />37. Changes, Etc. This instrument and the provisions hereof may be changed, waived, <br />discharged or terminated only by an instrument in writing signed by the party against which <br />enforcement of the change, waiver, discharge or termination is sought; it being understood that <br />so long as the Trustee protective provisions hereof are not being changed, waived, discharged or <br />terminated, the signature of Trustee shall not be required on any such change, waiver, discharge <br />or termination. <br />38. No Liability on Trustee or Beneficiary. Notwithstanding anything contained herein, <br />this Deed of Trust is only intended as security for the indebtedness hereby secured, and neither <br />Trustee nor Beneficiary shall be obligated to perform or discharge, and neither Trustee nor <br />Beneficiary do hereby undertake to perform or discharge, any obligation, duty or liability of <br />Grantor with respect to any of the Mortgaged Premises. No liability shall be enforced or asserted <br />against Trustee or Beneficiary in their exercise of the powers herein respectively granted to them, <br />and Grantor expressly waives and releases any such liability. Grantor shall and does hereby <br />agree to indemnify and hold Trustee and Beneficiary harmless of and from any and all liability, <br />loss or damage which any of them may or might incur under or by reason of the exercise of their <br />respective rights hereunder and of and from any and all claims and demands whatsoever which <br />may be asserted against any of them by reason of any alleged obligations or undertakings on any <br />or their parts to perform or discharge any of the terms, covenants or agreements of Grantor <br />contained herein or with respect to any of the Mortgaged Premises, except in the case of actions <br />by the Trustee or Beneficiary that constitute gross negligence or willful misconduct. Neither <br />Trustee nor Beneficiary shall have responsibility for the control, care, management or repair of <br />the Mortgaged Premises, nor shall they be responsible or liable for any negligence in the <br />-22- <br />