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�9 110937 12. TRUSTOR NOT RELEASED. Extension of the time of payment or modification or amortization of the sums secured by this Deed of Trust 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 Trustor is successor in interest. Beneficiary shall not be required to commence proceedings against such successor or refuse to e�rtend time for payment or otherwise modify amortization of the sums secured by this Deed of Trust by reason of any demand made by the original Trustor and Trustor's successors in interest. 13. BENEFICIARY'S POWERS. Without affecting or releasing the liability of the Trustor or any other person liable for the payment of any obligation herein mentioned, and without affecting the lien or charge of this Deed of Trust upon any portion of the Property not then or theretofore released as security for the full amount of all unpaid obligations. Bene6ciary may, from time to time and without notice at the request of one or more Trustors (i) release any person so liable, (ii) e�end or renew the maturity or alter any of the terms of any such obligations, (iii) grant other indulgences, (iv) release or reconvey, or cause to be released or reconveyed at any time at Beneficiary's options any parcel, portion or all of the Property, (v) take or release any other or additional security for any obligation herein mentioned, (vi) make compositions or other arrangements with debtors in relation thereto. All Trustors shall be jointly and severally obligated and bound by the actions of the Beneficiary or any trustor as herein stated. 14. ATTORNEY FEES, COSTS AND EXPENSES. If the Beneficiary of this Deed of Trust is a bank as defined by Nebraska law, any statement contained in any other section of this deed notwithstanding, the Beneficiary shall not be entitled to receive or take and debtor shall not be obligated to pay or give; any confession of judgment, pc�wer of attorney to confess judgment, power of attorney to appear for a borrower in a judicial proceeding or agreement to pay the costs of collection ar the attorney's fees, unless the interest payable by the terms of the Note referred to in this deed is 16% per annum or less, or the note referred to in this deed is repayable in two or more equal or unequal installments and over a period of more than one hundred forty-five (145) months. Provide, however, that this section does not apply to the trustee fee referred to in Paragraph B.6(b). Provided further that this Paragraph B.14 shall not apply to this Deed of Trust if the Beneficiary herein is not a bank. 15. RECONVEYANCE BY TRUSTEE. Upon written request of Beneficiary stating that all sums secured hereby have been paid, and upon surrender of this Deed of Trust and the Note to Trustee for cancellation and retention and upon payment by Trustor of Trustee's fees, Trustee shall reconvey to Trustor, or the person or persons legally entitled thereto, without warranty, any portion of the Property then held hereunder. The recitals in such reconveyance of any matters or facts shall be conclusive proof of the truthfulness thereof. The grantee in any reconveyance may be described as°the person or persons legally entitled thereto." 16. NOTICES. Except for any notices, demands, requests or other communications required under applicable law to be given in another manner,whenever Beneficiary, Trustor or Trustee gives or serves any notice (including, without limitalion, notice of default end notice of sale), demands, requests or other communication with respect to this Deed of Trust each such notice, demand, request or other communication shall be in writing and shall be effective only if the same is delivered by personal service or is mailed by certified mail, postage prepaid, addressed to the address as set forth at the beginning of this Deed of Trust. Any party may at any time change its address for such notices by delivering or mailing to the other party hereto, as aforesaid, a notice of such change. Any notice hereunder shall be deemed to have been given to Trustor or Bene6ciary,when given in the manner designated herein. 17. REQUEST FOR NOTICE. Trustor and Beneficiary hereby request a copy of any notice of default and a copy of any notice of sale thereunder, be mailed to each person who is a party hereto at the address set forth for such person in either the first paragraph of this Deed of Trust or below. Trustor: 18. GOVERNING LAW. This Deed of Trust shall be governed by the laws of the State of Nebraska. 19. SUCCESSORS AND ASSIGNS. This Deed of Trust and all terms,conditions and obligations herein, apply to and inure to the benefit of and binds all parties hereto,their heirs,legatees,devisees,personal representatives,successors and assigns. The term "Beneficiary" shall mean the owner and holder of the Note, whether or not named as Beneficiary herein. 20. JOINT AND SEVERAL LIABILITY. All covenants and agreements of Trustor shall be joint and several. 21. SEVERABILITY. In the event any one or more of the provisions contained in this Deed of Trust or the Note or any other security instrument given in connection with this transaction shall for any reason be held to be invalid, illegal or unenforceable in any respect such invalidity,illegality,or unenforceability shall,at the option of Beneficiary,not affect any other provision of this Deed of Trust, but this Deed of Trust shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein ar therein. If the lien of this Deed of Trust is invalid or unenforceable as to any part of debt, ; or if the lien is invalid or unenforceable as to any part of the Property, the unsecured or partially secured portion of the debt FDNE200284 NE DEED OF TRUST Page 5 of 6 FD516NE5 03/98 662516 (Rev.08-16-96)