|
202400777
<br />under this Deed of Trust shall not be deemed a waiver of any other or similar defaults subsequently
<br />occurring; (g) extension of the time for payment or modification or amortization of the sums
<br />secured by this Deed of Trust granted by Beneficiary to any successor in interest of Trustor shall not
<br />operate to release, in any manner the liability of the original Trustor and Trustor's successor in
<br />interest. Beneficiary shall not be required to commence proceedings against such successor or
<br />refuse to extend the time for payment or otherwise modify amortization of the sums and
<br />indebtedness secured by this Deed of Trust by reason of any demand made by the original Trustor
<br />and Trustor's successors in interest; (h) without affecting the liability of the Trustor or any other
<br />person liable for the payment of the obligations and indebtedness secured by this Deed of Trust, and
<br />without affecting the lien or charge of this Deed of Trust upon any portion of the Property not then
<br />or theretofore released as security for the full amount of all unpaid obligations, Beneficiary may,
<br />from time to time and without notice (i) release any person so liable, (ii) extend the maturity or alter
<br />any of the terms of such obligation, (iii) grant other indulgences, (iv) release or reconvey, or cause
<br />to be released or reconveyed at any time at Beneficiary's option any parcel, portion or all of the
<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 />
|