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202406658 <br />thereon, or of any security or collateral described in the Deed of Trust or in any other security <br />document. <br />9. Should the status of Borrower change, this Guaranty shall continue and also cover <br />the indebtedness of Borrower under the new status, according to the terms hereof guaranteeing the <br />indebtedness of the original Borrower. <br />10. Until all indebtedness of Borrower to Lender shall have been paid in full, Guarantor <br />shall have no right of subrogation, and waives any right to enforce any remedy which Lender now <br />has or may hereafter have against Borrower; and Guarantor waives any benefit of, and any right <br />to participate in, any security now or hereafter held by Lender. <br />11. This Guaranty shall remain and continue in full force and effect notwithstanding <br />the institution by or against Borrower of bankruptcy, reorganization, readjustment, receivership or <br />insolvency proceedings of any nature, or the disaffirmance of the said indebtedness in any such <br />proceedings, or otherwise. <br />12. In the event any payment made by Borrower to Lender is held to constitute a <br />preference under the U. S. Bankruptcy Code, or if for any other reason Lender is required to refund <br />such payment or pay the amount thereof to any other party, such a payment shall not constitute a <br />release of Guarantor from any liability hereunder, but Guarantor agrees to pay such amount to <br />Lender upon demand. <br />13. This Guaranty is for the benefit of Lender, its successors and assigns, and in the <br />event of an assignment by Lender, its successors or assigns, of the said indebtedness, or any part <br />thereof, the rights and benefits hereunder shall be transferred with such indebtedness without <br />further act on the part of Lender and without notice to Guarantor. <br />14. Suit may be brought against Guarantor or against any other guarantor without <br />impairing the rights of Lender, its successors or assigns, against any guarantor, and Lender may <br />compromise or settle with any guarantor for such sum or sums as it may see fit and release such <br />guarantor from all further liability to Lender for such indebtedness without impairing the right of <br />Lender to demand and collect the balance of such indebtedness from other guarantors not so <br />released; but it is agreed, however, that such compromise, settlement and release shall not in any <br />manner impair the rights of the guarantors as among themselves. <br />15. In the event of the death of any other guarantor of the loan evidenced by the Note, <br />this Guaranty shall remain in full force as to Guarantor. <br />16. Guarantor expressly agrees that this contract is performable in the City of Grand <br />Island, Hall County, Nebraska. <br />17. The invalidity or unenforceability in any particular circumstances of any provision <br />of this Guaranty shall not extend beyond such provision or such circumstances, and no other <br />provision of this instrument shall be affected thereby. <br />18. Guarantor acknowledges and agrees that Guarantor has received and reviewed a <br />copy of the Note, Deed of Trust, the Loan Agreement, and that certain Developer Agreement dated <br />-3- <br />