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200207593 afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy hereunder. Likewise, the waiver by Beneficiary or Trustee of any default of Trustor under this Deed of Trust shall not be deemed to be a waiver of any other or similar defaults subsequently occurring. 12. Trustor Not Released. Extension of the time for payment, 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's successor in interest. Beneficiary shall not be required to commence proceedings against such successor or refuse to extend 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 of 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 this Property not then or theretofore released as security for the full amount of all unpaid obligations, Beneficiary may, from time to time and without notice at the request of one or more Trustors (i) release any person so liable, (ii) extend 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, power 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 or the attorneys' 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. Provided, 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 or 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 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. Each party hereto requests that a copy of any notice of default and notice of sale given hereunder be mailed to the parties at their addresses as set forth herein. 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 limitation, notice of default and 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 mailed by registered or certified mail, postage prepaid, addressed to the addressee as set forth at the beginning of this Deed of Trust. If Trustor's mailing address changes at any time, Trustor must immediately notify Trustee and Beneficiary of such change in writing. Notice sent by Trustee or Beneficiary to address of Trustor when currently in their possession will be deemed good notice. Any notice hereunder shall be deemed to have been given to Trustor or