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200411760
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Last modified
10/16/2011 11:51:26 PM
Creation date
10/21/2005 6:21:45 AM
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DEEDS
Inst Number
200411760
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200411760 <br />to any proceeding or suit in a court of bankruptcy or probate or other court of general or limited <br />jurisdiction, all expenses and costs properly incurred by said Trustee or said Beneficiary (including <br />reasonable attorneys' fees) paid or incurred by such Trustee or Beneficiary in maintaining, prosecuting or <br />defending such proceeding or protecting their respective rights hereunder shall be an additional debt <br />secured by this Deed of Trust in like manner with the principal debt herein described; (e) Beneficiary, or <br />its agents, representatives or workmen, are authorized to enter at any reasonable time upon or in any part <br />of the Property for the purpose of inspecting the same and for the purpose of performing any of the acts it <br />is authorized to perform under the terms of this Deed of Trust; (f) any forbearance by Beneficiary or <br />Trustee in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not <br />be a waiver of or preclude the exercise of any such right or remedy hereunder; similarly, the waiver by <br />Beneficiary or Trustee of any default of Trustor under this Deed of Trust shall not be deemed a waiver of <br />any other or similar defaults subsequently occurring; (q) extension of the time for payment or <br />modification or amortization of the sums secured by this Deed of Trust granted by Beneficiary to any <br />successor in interest of Trustor shall not operate to release, in any manner the liability of the original <br />Trustor and Trustor's successor in interest. Beneficiary shall not be required to commence proceedings <br />against such successor or refuse to extend the time for payment or otherwise modify amortization of the <br />sums and indebtedness secured by this Deed of Trust by reason of any demand made by the original <br />Trustor and Trustor's successors in interest; (h) without affecting the liability of the Trustor or any other <br />person liable for the payment of the obligations and indebtedness secured by this Deed of Trust, and <br />without affecting the lien or 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 obligations, Beneficiary may, from time <br />to time and without notice (I) release any person so liable, (ii) extend the maturity or alter any of the <br />terms of such obligation, (iii) grant other indulgences, (iv) release or reconvey, or cause to be released or <br />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 security for any obligation or <br />indebtedness herein mentioned, or (vi) make compositions or other arrangements with debtors in relation <br />thereto; (I) in addition to the rights and powers given to the Trustee and Beneficiary herein, the <br />Beneficiary shall have all such 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; 0.) all covenants and agreements of Trustor <br />set forth in this Deed of Trust shall be joint and several; (k) this Deed of Trust shall be governed by the <br />laws of the State of Nebraska; (1) in the event any one or more of the provisions contained in this Deed <br />of Trust, or the Note or any other security instrument given in connection with the indebtedness hereby <br />secured shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, <br />illegality, or unenforceability shall, at the option of Beneficiary, not affect any other provision of this <br />Deed of Trust, but this Deed of Trust shall be construed as if such invalid, illegal, or unenforceable <br />provision had never been contained herein or therein. If the lien of this Deed of Trust is invalid or <br />unenforceable as to any part of the indebtedness hereby secured or evidenced by the Note, or if the lien is <br />invalid or unenforceable as to any part of the Property, the unsecured or partially secured portion of such <br />indebtedness shall be completely paid prior to the payment of the remaining and secured or partially <br />secured portion of such indebtedness, and all payments made on such indebtedness, whether voluntary or <br />under foreclosure or other enforcement action or procedure, shall be considered to have been first paid on <br />and applied to the full payment of that portion of such indebtedness which is not secured or not fully <br />secured by the lien of this 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 respective heirs, executors, <br />administrators, successors and assigns of the parties hereto. Wherever used herein, the singular number <br />shall include the plural and 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 holder or holders of the Note or <br />-7- <br />
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