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� � " 99 107849
<br /> ness herein mentioned, or (vi) make compositions or other arrangements with
<br /> debtors in relation thereto; (i) in addition to the rights and powers given
<br /> to the Trustee and Beneficiary herein, the Beneficiary shall have all such
<br /> other rights both in law and equity for collection of the indebtedness
<br /> secured hereby as it would have but for this Deed of Trust; (j ) all covenants
<br /> and agreements of Trustor set forth in this Deed of Trust shall be joint and
<br /> several; (k) this Deed of Trust shall be governed by the laws of the State of
<br /> Nebraska; (1) in the event any one or more of the provisions contained in
<br /> this Deed of Trust, or the Note or any other security instrument given in
<br /> connection with the indebtedness hereby secured shall for any reason be held
<br /> to be invalid, illegal or unenforceable in any respect, such invalidity,
<br /> 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
<br /> shall be construed as if such invalid, illegal, or unenforceable provision
<br /> had never been contained herein or therein. If the lien of this Deed of
<br /> Trust is invalid or unenforceable as to any part of the indebtedness hereby
<br /> secured or evidenced by the Note, or if the lien is invalid or unenforceable
<br /> as to any part of the Property, the unsecured or partially secured portion of
<br /> such indebtedness shall be completely paid prior to the payment of the
<br /> remaining and secured or partially secured portion of such indebtedness, and
<br /> all payments made on such indebtedness, whether voluntary or under foreclo-
<br /> sure or other enforcement action or procedure, shall be considered to have
<br /> been first paid on and applied to the full payment of that portion of such
<br /> indebtedness which is not secured or not fully secured by the lien of this
<br /> Deed of Trust; and (m) the covenants and agreements contained in this Deed of
<br /> Trust shall bind, and the benefits and advantages hereof shall inure to the
<br /> respective heirs, executors, administrators, successors and assigns of the
<br /> parties hereto. Wherever used herein, the singular number shall include the
<br /> plural and conversely, and the use of any gender shall be applicable to all
<br /> genders . Wherever the term "Beneficiary" is used herein, it shall include
<br /> the legal holder or holders of the Note or the indebtedness secured hereby.
<br /> SEVENTH. Upon payment by Trustor to Beneficiary of all amounts and
<br /> indebtedness secured hereby, and upon surrender of this Deed of Trust and the
<br /> Note to Trustee for cancellation, Trustee shall reconvey to Trustor, or the
<br /> person or persons legally entitled thereto, without warranty, any portion of
<br /> the Property then held by Trustee hereunder. The recitals in such reconvey-
<br /> ance of any matters or facts shall be conclusive proof of the truthfulness
<br /> thereof . The grantee of any reconveyance may be described as "the person or
<br /> persons legally entitled thereto. "
<br /> EIGHTH. Except for any notices, demands, requests or other communica-
<br /> tions required under applicable law to be given in another manner, whenever
<br /> Beneficiary, Trustor or Trustee gives or serves any notice (including,
<br /> without limitation, notice of default and notice of sale) , demands, requests
<br /> or other communications with respect to this Deed of Trust, each such notice,
<br /> demand, request or other communication shall be in writing and shall be
<br /> effective only if the same is delivered by personal service or mailed by
<br /> certified mail, postage prepaid, return receipt requested, addressed to the
<br /> address of the party to whom mailed as set forth at the end of this Deed of
<br /> Trust . Any party may at any time change its address for such notices by
<br /> delivering or mailing to the other parties hereto, as aforesaid, a notice of
<br /> such change . Any notice hereunder shall be deemed to have been given to
<br /> Trustor or Beneficiary when given in the manner designated herein.
<br /> IN WITNESS WHEREOF, the Trustor has signed and. delivered this Deed of
<br /> Trust the day an year first above written.
<br /> ��` �� � -
<br /> ��-
<br /> Ja,rhes, A. Wagoner, Trust r eorgi e . oner, Trust
<br /> r �
<br /> r
<br /> Pbst;` Office Address :
<br /> PO�� �ox 1585
<br /> 2�"4 W. Louise Street
<br /> Grand Island, NE 68803
<br /> 308/382-4324
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