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202305434 <br />sums are not paid within thirty (30) days of notice of acceleration. Beneficiary shall have waived <br />such option to accelerate if, prior to the sale, transfer or conveyance, Beneficiary and the person <br />to whom the property is to be sold or transferred reach agreement in writing that the credit of such <br />person is satisfactory to Beneficiary and that the interest payable on the sums secured by this <br />Deed of Trust shall be at such rate as Beneficiary shall request. This provision shall not be <br />construed as imposing on Beneficiary an obligation or duty to reach such an agreement or to give <br />consent to a sale, transfer or other conveyance, and Beneficiary shall have the right to withhold <br />approval for any reason. <br />21. REQUEST FOR NOTICE. Trustor hereby requests a copy of any notice of <br />default or notice of sale hereunder be mailed to it at the address set forth in the first paragraph <br />of this Deed of Trust. <br />22. GOVERNING LAW AND NON -WAIVER. This Deed of Trust shall be governed <br />by the laws of the State of Nebraska. In the event that any provision or clause of any of the <br />Loan Instruments conflicts with applicable laws, such conflicts shall not affect other provisions of <br />such Loan Instruments which can be given effect without the conflicting provision, and to this <br />end the provisions of the Loan Instruments are declared to be severable. This instrument can <br />be waived, changed, discharged or terminated only by an instrument in writing signed by the <br />party against whom enforcement of any waiver, change, discharge or termination is sought. <br />The acceptance by Beneficiary of any sum after the same is due shall not constitute a <br />waiver of the right either to request prompt payment, when due, of all other sums hereby secured <br />or to declare a default as herein provided. The acceptance by Beneficiary of any sum in an <br />amount less than the sum then due shall be deemed an acceptance on account only and upon <br />condition that it shall not constitute a waiver of the obligation of Trustor to timely pay the entire <br />sum then due, and Trustor's failure to pay the entire sum then due shall be and continue to be a <br />default notwithstanding such acceptance of such amount on account, as aforesaid, and <br />Beneficiary or Trustee shall be at all times thereafter and until the entire sum then due shall have <br />been paid, and notwithstanding the acceptance by Beneficiary thereafter of further sums on <br />account, or otherwise, entitled to exercise all rights in this instrument conferred upon them, or <br />either of them, upon the occurrence of a default, and the right to proceed with a sale under any <br />notice of default and notice of sale shall in no way be impaired, whether any of such amounts are <br />received prior or subsequent to such notice. Consent by Beneficiary to any transaction or action <br />of Trustor which is subject to consent or approval of Beneficiary hereunder shall not be deemed a <br />waiver of the right to require such consent or approval to future or successive transactions or <br />actions. <br />23. RECONVEYANCE BY TRUSTEE. Upon satisfaction of all of Trustor's <br />obligations under the Loan Instruments, and upon written request of Beneficiary stating that all <br />sums secured hereby have been paid, and upon surrender of this Deed of Trust and the Note to <br />Trustee for cancellation 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 />Trust Estate then held hereunder. The recitals in such reconveyance of any matters or facts <br />shall be conclusive proof of the truthfulness thereof. The grantee in any reconveyance may be <br />described as "the person or persons legally entitled thereto." <br />24. NOTICES. Whenever Beneficiary, Trustor or Trustee shall desire to give or serve <br />any notice, demand, request or other communication with respect to this Deed of Trust, each <br />such notice, demand, request or other communication shall be in writing and shall be effective <br />only if the same is delivered by personal service or mailed by certified mail, postage prepaid, <br />addressed to the address set forth at the beginning of this Deed of Trust or at such other <br />9 <br />