200400461
<br />workmen, are authorized to enter at any reasonable time upon or in any part of the Property for
<br />the purpose of inspecting the same and for the purpose of performing any of the acts it is
<br />authorized to perform under the terms of this Deed of Trust; (f) any forbearance by Beneficiary
<br />or Trustee in exercising any right or remedy hereunder, or otherwise afforded by applicable law,
<br />shall not be a waiver of or preclude the exercise of any such right or remedy hereunder; similarly,
<br />the waiver by Beneficiary or Trustee of any default of Trustor under this Deed of Trust shall not
<br />be deemed a waiver of any other or similar defaults subsequently occurring; (q) extension of the
<br />time for payment or modification or amortization of the sums secured by this Deed of Trust
<br />granted by Beneficiary to any successor in interest of Trustor shall not operate to release, in any
<br />manner the liability of the original Trustor and Trustor's successor in interest. Beneficiary shall
<br />not be required to commence proceedings against such successor or refuse to extend the time for
<br />payment or otherwise modify amortization of the sums and indebtedness secured by this Deed of
<br />Trust by reason of any demand made by the original Trustor and Trustor's successors in interest;
<br />(h) without affecting the liability of the Trustor or any other person liable for the payment of the
<br />obligations and indebtedness secured by this Deed of Trust, and without affecting the lien or
<br />charge of this Deed of Trust upon any portion of the Property not then or theretofore released as
<br />security for the full amount of all unpaid obligations, Beneficiary may, from time to time and
<br />without notice (I) release any person so liable, (ii) extend the maturity or alter any of the terms of
<br />such obligation, (iii) grant other indulgences, (iv) release or reconvey, or cause to be released or
<br />reconveyed at any time at Beneficiary's option any parcel,
<br />portion or all of the Property, (v) take or release any other or additional security for any
<br />obligation or indebtedness herein mentioned, or (vi) make compositions or other arrangements
<br />with debtors in relation thereto; (I) in addition to the rights and powers given to the Trustee and
<br />Beneficiary herein, the Beneficiary shall have all such other rights both in law and equity for
<br />collection of the indebtedness secured hereby as it would have but for this Deed of Trust; 0.) all
<br />covenants and agreements of Trustor set forth in this Deed of Trust shall be joint and several; (k)
<br />this Deed of Trust shall be governed by the laws of the State of Nebraska; (1) in the event any
<br />one or more of the provisions contained in this Deed of Trust, or the Note or any other security
<br />instrument given in connection with the indebtedness hereby secured shall for any reason be held
<br />to be invalid, illegal or unenforceable in any respect, such invalidity, illegality, or unenforce-
<br />ability shall, at the option of Beneficiary, not affect any other provision of this Deed of Trust, but
<br />this Deed of Trust shall be construed as if such invalid, illegal, or unenforceable provision had
<br />never been contained herein or therein. If the lien of this Deed of Trust is invalid or
<br />unenforceable as to any part of the indebtedness hereby secured or evidenced by the Note, or if
<br />the lien is invalid or unenforceable as to any part of the Property, the unsecured or partially
<br />secured portion of such indebtedness shall be completely paid prior to the payment of the
<br />remaining and secured or partially secured portion of such indebtedness, and all payments made
<br />on such indebtedness, whether voluntary or under foreclosure or other enforcement action or
<br />procedure, shall be considered to have been first paid on and applied to the full payment of that
<br />portion of such indebtedness which is not secured or not fully secured by the lien of this Deed of
<br />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
<br />indebtedness secured hereby have been paid, and upon surrender of this Deed of Trust and the
<br />Note to Trustee for the cancellation and retention and upon payment by Trustor of Trustee's fees,
<br />Trustee shall reconvey to Trustor, or the person or persons legally entitled thereto, without
<br />warranty, any portion of the Property then held by Trustee hereunder. The recitals in such
<br />reconveyance of any matters or facts shall be conclusive proof of the truthfulness thereof. The
<br />grantee of any reconveyance may be 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
<br />gives or serves any notice (including, without limitation, notice of default and notice of sale),
<br />demands, requests or other communications with respect to this Deed of Trust, & any such
<br />notice, demand, request or other communication shall be in writing and shall be effective only if
<br />the same is delivered by personal service or mailed by certified mail, postage prepaid, return
<br />receipt requested, addressed to the address of the party to whom mailed as set forth at the end of
<br />this Deed of Trust. Any party may at any time change its address for such notices by delivering or
<br />mailing to the other parties hereto, as aforesaid, a notice of such change. Any notice hereunder
<br />shall be deemed to have been given to Trustor or Beneficiary when given in the manner
<br />designated herein.
<br />IN WITNESS WHEREOF, the Trustor has signed and delivered this Deed of Trust the
<br />day and year first above written.
<br />-5-
<br />
|