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202110738
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Last modified
12/20/2021 4:07:59 PM
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12/20/2021 4:07:58 PM
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DEEDS
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202110738
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202110 38 <br />Property, (v) take or release any other or additional security for any obligation or indebtedness <br />herein mentioned, or (vi) make compositions or other arrangements with debtors in relation thereto; <br />(i) in addition to the rights and powers given to the Trustee and Beneficiary herein, the Beneficiary <br />shall have all such other 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 agreements of Trustor set <br />forth in this Deed of Trust shall be joint and several; (k) this Deed of Trust shall be governed by the <br />laws of the State of Nebraska; (1) in the event any one or more of the provisions contained in this <br />Deed of Trust, or the Note or any other security instrument given in connection with the <br />indebtedness hereby secured shall for any reason be held to be invalid, illegal or unenforceable in <br />any respect, such invalidity, 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 shall be construed as if such <br />invalid, illegal, or unenforceable provision had never been contained herein or therein. If the lien of <br />this Deed of Trust is invalid or unenforceable as to any part of the indebtedness hereby secured or <br />evidenced by the Note, or if the lien is invalid or unenforceable as to any part of the Property, the <br />unsecured or partially 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 indebtedness, and all <br />payments made on such indebtedness, whether voluntary or under foreclosure or other enforcement <br />action or procedure, shall be considered to have been first paid on and applied to the full payment of <br />that portion of such indebtedness which is not secured or not fully secured by the lien of this Deed <br />of Trust; and (m) the covenants and agreements contained in this Deed of Trust shall bind, and the <br />benefits and advantages hereof shall inure to the respective heirs, executors, administrators, <br />successors and assigns of the parties hereto. Wherever used herein, the singular number shall <br />include the plural and conversely, and the use of any gender shall be applicable to all genders. <br />Wherever the term "Beneficiary" is used herein, it shall include the legal holder or holders of the <br />Note or the indebtedness secured hereby. <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 Note to Trustee for <br />the cancellation and retention and upon payment by Trustor of Trustee's fees, Trustee shall reconvey <br />to Trustor, or the person or persons legally entitled thereto, without warranty, any portion of the <br />Property then held by Trustee hereunder. The recitals in such reconveyance of any matters or facts <br />shall be conclusive 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 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 />
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