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200400410 <br />15. Miscellaneous. <br />(a) In the event any one or more of the provisions contained in this Trust Deed, or the Loan Document or any other security instrument <br />given in connection with this transaction shall for any reason be held to be invalid, illegal or unenforceable in any respect, such <br />invalidity, illegality, or unenforceability shall, at the option of Beneficiary, not affect any other provision of this Trust Deed, but this <br />Trust Deed shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein or therein. <br />(b) This Trust Deed shall be construed according to the laws of the State of Nebraska. <br />(c) This Trust Deed shall inure to and bind the heirs, legatees, devisees, administrators, executors, successors and assigns of the parties <br />hereto. <br />(d) Trustor shall pay all taxes levied upon this Trust Deed or the debt secured hereby, together with any other taxes or assessments <br />which may be levied against the Trustee or Beneficiary or the legal holder of the Loan Document on account of the indebtedness <br />evidenced thereby. <br />(e) Whenever used herein, the singular number shall include the plural, the singular, the use of any gender shall be applicable to all <br />genders, and the term "Beneficiary" shall include any payee of the indebtedness hereby secured or any transferee thereof, whether by <br />operation of law or otherwise. <br />16. Successor Trustee. Beneficiary may from time to time substitute a successor or successors to any Trustee named herein or acting <br />hereunder to execute this Trust Deed. Upon such appointment and without conveyance to the successor Trustee, the latter shall be vested <br />with all title, powers, and duties conferred upon any Trustee herein named or acting hereunder. Each such appointment and substitution shall <br />be made by written instrument by Beneficiary, containing reference to this Trust Deed and its place of record, which when recorded in the office <br />of the Register of Deeds of the county or counties in which said property is situated shall be conclusive proof of proper appointment of the <br />successor Trustee. The foregoing power of substitution and the procedure therefore shall not be exclusive of the power and procedure <br />provided for by law for the substitution of a Trustee or Trustees in the place of the Trustee or Trustees named herein. <br />17. Forbearance by Beneficiary or Trustee Not a Waiver. Any forbearance by Beneficiary or Trustee in exercising any right or remedy <br />hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any right or remedy hereunder. <br />Likewise, the waiver by Beneficiary or Trustee of any default of Trustor under this Trust Deed shall not be deemed to be a waiver of any other <br />or similar defaults subsequently occurring. <br />18. Trustor Not Released. Extension of the time for payment or modification or amortization of the sums secured by this Trust Deed <br />granted by Beneficiary to any successor in interest of Trustor shall not operate to release, in any manner, the liability of the original Trustor and <br />Trustor's successor in interest. Beneficiary shall not be required to commence proceedings against such successor or refuse to extend time for <br />payment or otherwise modify amortization of the sums secured by this Trust Deed by reason of any demand made by the original Trustor and <br />Trustor's successors in interest. <br />19. Option to Foreclosure. Upon the occurrence of any default hereunder, Beneficiary shall have the option to foreclose this Trust Deed <br />in the manner provided by law for the foreclosure of mortgages on real property. <br />20. Trustor's Rights, Absent Default. Until any default in the payment of indebtedness hereby secured or until the breach of any <br />covenant herein contained, the Trustor, its successors and assigns, shall possess and enjoy the property, and receive the rents and profits <br />therefrom. Upon payment of all sums secured by this Trust Deed, Beneficiary shall request Trustee to reconvey the property and shall <br />surrender this Trust Deed and all documents evidencing indebtedness secured by this Trust Deed to Trustee. Trustee shall reconvey the <br />property without warranty and without charge to the persons legally entitled thereto. The Grantee in any reconveyance may be described as <br />"the person or persons entitled thereto," and the recitals therein of any matters or facts shall be conclusive proof of the truthfulness thereof. <br />Such person or persons shall pay all costs of recording, if any. <br />21. Transfer of the Property; Assumption. If all or any part of the Property or an interest therein is sold or transferred by Trustor <br />without Beneficiary's prior written consent, except as otherwise provided by law, Beneficiary may, at Beneficiary's option, declare all the sums <br />secured by this Trust Deed to be immediately due and payable. Beneficiary shall have waived such option to accelerate if, prior to the sale or <br />transfer, Beneficiary and the person to whom the Property is to be sold or transferred reach agreement in writing that the credit of such person <br />is satisfactory to Beneficiary and that the interest payable on the sums secured by this Trust Deed shall be at such rate as Beneficiary shall <br />request. If Beneficiary has waived the option to accelerate provided in this Paragraph 21, and if Trustor's successor in interest has executed a <br />written assumption agreement accepted in writing by Beneficiary, Beneficiary shall release Trustor from all obligations under this Trust Deed <br />and the Loan Document. If Beneficiary exercises such option to accelerate, Beneficiary may invoke any remedies permitted by this Trust Deed. <br />The Trustor requests that a copy of any notice of default and of any notice of sale hereunder be mailed to each person who is a party <br />hereto at the address(es) hereinbefore set forth. <br />IN WITNESS WHEREOF, the Trustor has executed this Trust Deed the day and year first above written. <br />State of NEBRASKA <br />)SS <br />County of b0i 4f ) <br />Before me, a Notary Public, qualified for said County, personally came <br />WANM ANDERSEN <br />f. <br />GARY L ER&9 <br />X tjayt� <br />WANDA. ANDERSEN <br />known to me to be the identical person(s) who <br />signed the foregoing instrument and acknowledged the execution thereof to be his, her, or their voluntary act and deed and if executed on <br />behalf of a corporation, that the execution thereof was the signer's voluntary act and deed as such officer and the voluntary act and deed of <br />said corporation and that the seal affixed thereto is its corporate seal and was thereto affixed by the authority of its Board of Directors. <br />Witness my hand and Notarial Seal this 20 day of <br />My Commission Expires:_ j ltse !2I 201 <br />au-,* AIA <br />Notary Public <br />lirnGENERAL NOTARY -State of Nebraska <br />. CURREN WEBS <br />My Comm. Exp. June 12, 2006 <br />