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99 i12211
<br /> Beneficiary, or its agents, representatives or workmen, are authorized to :
<br /> enter at any reasonable time upon or in any part of the Property for the
<br /> purpose of inspecting the same and for the purpose of performing any of the
<br /> acts it is authorized to perform under the terms of this Deed of Trust; (f)
<br /> any forbearance by Beneficiary or Trustee in exercising any right or remedy
<br /> hereunder, or otherwise afforded by applicable law, shall not be a waiver of
<br /> 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
<br /> Deed of Trust shall not be deemed a waiver of any other or similar defaults
<br /> subsequently occurring; (g) extension of the time for payment or modification
<br /> or amortization of the sums secured by this Deed of Trust granted by
<br /> Beneficiary to any successor in interest of Trustor shall not operate to
<br /> release, in any manner the liability of the original Trustor and Trustor' s
<br /> successor in interest . Beneficiary shall not be required to commence
<br /> proceedings against such successor or refuse to extend the time for payment
<br /> or otherwise modify amortization of the sums and indebtedness secured by this
<br /> Deed of Trust by reason of any demand made by the original Trustor and
<br /> Trustor' s successors in interest; (h) without affecting the liability of the
<br /> Trustor or any other person liable for the payment of the obligations and
<br /> 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
<br /> theretofore released as security for the full amount of all unpaid obliga-
<br /> tions, Beneficiary may, from time to time and without notice (i) release any
<br /> person so liable, (ii) extend the maturity or alter any of the terms of such
<br /> obligation, (iii) grant other indulgences, (iv) release or reconvey, or cause
<br /> to be released or 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
<br /> security for any obligation or indebtedness herein mentioned, or (vi) make
<br /> compositions or other arrangements with debtors in relation thereto; (i) in
<br /> addition to the rights and powers given to the Trustee and Beneficiary
<br /> herein, the Beneficiary shall have all such other rights both in law and
<br /> equity for collection of the indebtedness secured hereby as it would have but
<br /> for this Deed of Trust; (j ) all covenants and agreements of Trustor set forth
<br /> in this Deed of Trust shall be joint and several; (k) this Deed of Trust
<br /> 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
<br /> any other security instrument given in connection with the indebtedness
<br /> hereby secured shall for any reason be held to be invalid, illegal or
<br /> unenforceable in any respect, such invalidity, illegality, or unenforce-
<br /> ability shall, at the option of Beneficiary, not affect any other provision
<br /> of this Deed of Trust, but this Deed of Trust shall be construed as if such
<br /> invalid, illegal, or unenforceable provision had never been contained herein
<br /> or therein. If the lien of this Deed of Trust is invalid or unenforceable as :
<br /> to any part of the indebtedness hereby secured or evidenced by the Note, or
<br /> if the lien is invalid or unenforceable as to any part of the Property, the
<br /> unsecured or partially secured portion of such indebtedness shall be
<br /> completely paid prior to the payment of the remaining and secured or
<br /> partially secured portion of such indebtedness, and all payments made on such
<br /> indebtedness, whether voluntary or under foreclosure or other enforcement
<br /> action or procedure, shall be considered to have been first paid on and
<br /> applied to the full payment of that portion of such indebtedness which is not
<br /> secured or not fully secured by the lien of this Deed of Trust; and (m) the
<br /> covenants and agreements contained in this Deed of Trust shall bind, and the
<br /> benefits and advantages hereof shall inure to the respective heirs,
<br /> executors, administrators, successors and assigns of the parties hereto.
<br /> Wherever used herein, the singular number shall include the plural and
<br /> 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
<br /> holder or holders of the Note or the indebtedness secured hereby. :
<br /> SEVENTH. Upon written request of Beneficiary stating that all, amounts
<br /> and indebtedness secured hereby have been paid, and upon surrender of this
<br /> Deed of Trust and the Note to Trustee for the cancellation and retention and
<br /> upon payment by Trustor of Trustee' s fees, Trustee shall reconvey to Trustor,
<br /> or the person or persons legally entitled thereto, without warranty, any
<br /> 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
<br /> truthfulness thereof . The grantee of any reconveyance may be described as
<br /> "the person or 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
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