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202500373 <br />interim advancement of funds will constitute a contractual obligation of such <br />Loan Servicer that is independent of the obligation of Borrower for the payment <br />of the Indebtedness, (ii) Borrower will not be a third party beneficiary of any <br />Servicing Arrangement, and (iii) no payment by the Loan Servicer under any <br />Servicing Arrangement will reduce the amount of the Indebtedness. <br />18. Severability; Amendments. <br />(a) The invalidity or unenforceability of any provision of this Instrument will not <br />affect the validity or enforceability of any other provision, and all other provisions <br />will remain in full force and effect. This Instrument contains the entire agreement <br />among the parties as to the rights granted and the obligations assumed in this <br />Instrument. <br />(b) This Instrument may not be amended or modified except by a writing signed by <br />the party against whom enforcement is sought; provided, however, that in the <br />event of a Transfer prohibited by or requiring Lender's approval under Article VII <br />of the Loan Agreement, some or all of the modifications to the Loan Documents <br />(if any) may be modified or rendered void by Lender at Lender's option by Notice <br />to Borrower and the transferee(s). <br />19. Construction. <br />(a) The captions and headings of the Sections of this Instrument are for convenience <br />only and will be disregarded in construing this Instrument. Any reference in this <br />Instrument to a "Section" will, unless otherwise explicitly provided, be construed <br />as referring to a Section of this Instrument. <br />(b) Any reference in this Instrument to a statute or regulation will be construed as <br />referring to that statute or regulation as amended from time to time. <br />(c) Use of the singular in this Instrument includes the plural and use of the plural <br />includes the singular. <br />(d) As used in this Instrument, the term "including" means "including, but not limited <br />to" and the term "includes" means "includes without limitation." <br />(e) The use of one gender includes the other gender, as the context may require. <br />(f) Unless the context requires otherwise any definition of or reference to any <br />agreement, instrument or other document in this Instrument will be construed as <br />referring to such agreement, instrument or other document as from time to time <br />amended, supplemented or otherwise modified (subject to any restrictions on such <br />amendments, supplements or modifications set forth in this Instrument). <br />Nebraska <br />Multifamily Deed of Trust, Assignment of Rents <br />and Security Agreement <br />Page 18 <br />