|
(iv) release or reconvey, or cause to be released or reconveyed at any time
<br />at Beneficiary's option any parcel, portion or all of the Property, (v) take
<br />or release any other or additional security for any obligation or indebted-
<br />ness herein mentioned, or (vi) make compositions or other arrangements with
<br />debtors in relation thereto; (i) in addition to the rights and powers given
<br />to the Trustee and Beneficiary herein, the Beneficiary shall have all such
<br />other rights both in law and equity for collection of the indebtedness
<br />secured hereby as it would have but for this Deed of Trust; (j) all covenants
<br />and agreements of Trustor set forth in this Deed of Trust shall,,be joint and
<br />several; (k) this Deed of Trust shall be governed by the laws of the State of
<br />Nebraska; (1) in the event any one or more of the provisions contained in
<br />this Deed of Trust, or' the Note or any other security instrument given in
<br />connection with the indebtedness hereby secured shall for any reason be held
<br />to be invalid, illegal or unenforceable in any respect, such invalidity,
<br />illegality, or unenforceability shall, at the option of Beneficiary, not
<br />affect any other provision of this Deed of Trust, but this Deed of Trust
<br />shall be construed as if such invalid, illegal, or unenforceable provision
<br />had never been contained herein or therein. If the lien of this Deed of
<br />Trust is invalid or unenforceable as to any part of the indebtedness hereby
<br />secured or evidenced by the Note, or if the lien is invalid or unenforceable
<br />as to any part of the Property, the unsecured or partially secured portion of
<br />such indebtedness shall be completely paid prior to the payment of the
<br />remaining and secured or partially secured portion of such indebtedness, and
<br />all payments made on such indebtedness, whether voluntary or under foreclo-
<br />sure 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
<br />indebtedness which is not secured or not fully secured by the lien of this
<br />Deed of Trust; and (m) the covenants and agreements contained in this Deed of
<br />Trust shall bind, and the benefits and advantages hereof shall inure to the
<br />respective heirs, executors, administrators, successors and assigns of the
<br />parties hereto. Wherever used herein, the singular number shall include the
<br />plural and conversely, and the use of any gender shall be applicable to all
<br />genders. Wherever the term "Beneficiary" is used herein, it shall include
<br />the legal holder or holders of the Note or the indebtedness secured hereby.
<br />SEVENTH. Upon 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 />Trustee shall reconvey to Trustor, or the person or persons legally entitled
<br />thereto, without warranty, any portion of the Property then held by Trustee
<br />hereunder. The recitals in such reconveyance of any matters or facts shall
<br />be conclusive proof of the truthfulness thereof. The grantee of any
<br />reconveyance may be described as "the person or persons legally entitled
<br />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, requests
<br />or other communications with respect to this Deed of Trust, each such notice,
<br />demand, request or other communication shall be in writing and shall be
<br />effective only if the same is delivered by personal service or mailed by
<br />certified mail, postage prepaid, return receipt requested, addressed to the
<br />address of the party to whom mailed as set forth at the end of this Deed of
<br />Trust. Any party may at any time change its address for such notices by
<br />delivering or mailing to the other parties hereto, as aforesaid, a notice of
<br />such change. Any notice hereunder shall be deemed to have been given to
<br />Trustor or Beneficiary when given in the manner designated herein.
<br />NINTH. This Deed of Trust is in accordance with the contract for sale
<br />of real estate executed by the Trustors and Beneficiary.
<br />IN WITNESS WHEREOF, the Trustor has signed and delivered this Deed of
<br />Trust the day and year first above written.
<br />P,4* an9N_
<br />P trick E. Buettner, Trustor
<br />Post Office Address:
<br />i
<br />s
<br />Anne Y. Buettner, Trustor
<br />
|