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202004743
<br />shall be governed by the laws of the State of Nebraska; (1) in the event any one or more of the
<br />provisions contained in this Deed of Trust, or the Agreement or any other security instrument given
<br />in connection with the indebtedness hereby secured shall for any reason be held to be invalid, illegal
<br />or unenforceable in any respect, such invalidity, illegality, or unenforceability shall, at the option of
<br />Beneficiary, not affect any other provision of this Deed of Trust, but this Deed of Trust shall be
<br />construed as if such invalid, illegal, or unenforceable provision had never been contained herein or
<br />therein. If the lien of this Deed of Trust is invalid or unenforceable as to any part of the
<br />indebtedness hereby secured or evidenced by the Agreement, or if the lien is invalid or
<br />unenforceable as to any part of the Property, the unsecured or partially secured portion of such
<br />indebtedness shall be completely paid prior to the payment of the remaining and secured or partially
<br />secured portion of such indebtedness, and all payments made on such indebtedness, whether
<br />voluntary or under foreclosure or other enforcement action or procedure, shall be considered to have
<br />been first paid on and applied to the full payment of that portion of such indebtedness which is not
<br />secured or not fully secured by the lien of this Deed of Trust; and (m) the covenants and agreements
<br />contained in this Deed of Trust shall bind, and the benefits and advantages hereof shall inure to the
<br />respective heirs, executors, administrators, successors and assigns of the parties hereto. Wherever
<br />used herein, the singular number shall include the plural and conversely, and the use of any gender
<br />shall be applicable to all genders.
<br />SEVENTH. Upon written request of Beneficiary stating that all amounts and indebtedness
<br />secured hereby have been paid, and upon surrender of this Deed of Trust and the Agreement to
<br />Trustee for the cancellation and retention and upon payment by Trustor of Trustee's fees, Trustee
<br />shall reconvey to Trustor, or the person or persons legally entitled thereto, without warranty, any
<br />portion of the Property then held by Trustee hereunder. The recitals in such reconveyance of any
<br />matters or facts shall be conclusive proof of the truthfulness thereof. The grantee of any
<br />reconveyance may be described as "the person or persons legally entitled thereto."
<br />EIGHTH. Except for any notices, demands, requests or other communications required
<br />under applicable law to be given in another manner, whenever Beneficiary, Trustor or Trustee gives
<br />or serves any notice (including, without limitation, notice of default and notice of sale), demands,
<br />requests or other communications with respect to this Deed of Trust, each such notice, demand,
<br />request or other communication shall be in writing and shall be effective only if the same is
<br />delivered by personal service or mailed by certified mail, postage prepaid, return receipt requested,
<br />addressed to the address of the party to whom mailed as set forth at the end of this Deed of Trust.
<br />Any party may at any time change its address for such notices by delivering or mailing to the other
<br />parties hereto, as aforesaid, a notice of such change. Any notice hereunder shall be deemed to have
<br />been given to Trustor or Beneficiary when given in the manner designated herein.
<br />NINETH. Nothing in this Deed of Trust shall cause Trustor to violate the terms and
<br />conditions of any note, contract, deed of trust, security instrument, or other document or documents
<br />executed between the Trustor and Pinnacle Bank.
<br />IN WITNESS WHEREOF, the Trustor has signed and delivered this Deed of Trust the day
<br />and year first above written.
<br />FAMOS CONSTRUCTION, INC.,
<br />A Nebraska corporation, Trustor
<br />By
<br />Amos Anson, President
<br />
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