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200209462 <br />SIXTH: Truster specifically agrees that (a) Trustor, at its expense, will execute and deliver <br />to Beneficiary, promptly upon request, such security instruments as may be required by Beneficiary, <br />in a form and substance satisfactory to Beneficiary, covering any of the Property conveyed by this <br />Deed of Trust which security instruments shall be additional security for Trustor's faithful <br />performance of all of the terms, covenants and conditions of this Deed of Trust, the Note and <br />indebtedness secured hereby, and any other security instruments executed in connection with the <br />indebtedness secured by this Deed of Trust; and all such instruments shall be filed and recorded at <br />truster's expense; (b) Beneficiary may, from time to time, by written instrument executed and <br />acknowledged by Beneficiary, mailed to Truster and recorded in the county or counties in which the <br />Property is located and by otherwise complying with the provisions of the applicable laws of the <br />Slate of Nebraska, substitute a successor or successors to the Trustee named herein or acting <br />hereunder; (c) although the Trustee, or Trustee's successor or successors, may be an agent of, or <br />attorney for, or otherwise connected with the Beneficiary, such fact shall not be construed to <br />disqualify Trustee to act as such Tmstee, nor shall such fact prevent the Trustee or Beneficiary from <br />bidding at a sale and buying any part or all of the Property at any sale hereunder; (d) that if it should <br />be necessary or appropriate for the protection of the security hereby conveyed or enforcement of the <br />debt hereby secured, for the trustee or the Beneficiary to institute or become a party to airy <br />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 attomey's fees) paid or incurred by such Trustee m Beneficiary in maintaining, <br />prosecuting or defending such proceeding or protecting their respective rights hereunder shall be an <br />additional debt secured by this Deed of Trust in like manner with the principal debt herein described; <br />(e) Beneficiary, or its agents, representatives or workmen, are authorized to enter at any reasonable <br />time upon or in any part of the Property for the purpose of inspecting the same and for the purpose <br />of performing any of the 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 hereunder, or otherwise <br />afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or <br />remedy hereunder; similarly, the waiver by Beneficiary or Trustee of any default of Trustor under <br />this Deed of Trust shall not be deemed a waiver of any other or similar defaults subsequently <br />occurring; (g) extension ofthe time for payment or modification or amortization of the sums secured <br />by this Deed of Trust granted by Beneficiary to any successor in interest of Trustor shall not operate <br />to release, in any manner the liability of the original Trustor and Truster's successor in interest. <br />Beneficiary shall not be required to commence proceedings against such successor or refuse to <br />extend the time for payment or otherwise modify amortization of the sums and indebtedness secured <br />by this Deed of] rust by reason of any demand made by the original trustor and truster's successors <br />ininterest; (h) without affecting the liability of the trustor or any other person liable for the payment <br />of the obligations and 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 theretofore released as <br />security for the full amount of all unpaid obligations, Beneficiary may, from time to time and <br />without notice (i) release any person so liable, (it) extend the maturity or alter any of the terms of <br />any such obligation, (iii) grant other indulgences, (iv) release or reconvey, or cause to be released <br />or rcconvcycd at any time at Beneficiary's option any parcel, portion or all of the Property, (v) take <br />or release any other or additional security for any obligation or indebtedness herein mentioned, or <br />(vi) make compositions or other arrangements with debtors in relation thereto; (i) in addition to the <br />rights and powers given 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 secured hereby as it would have <br />but for this Deed of Trust; (j) all covenants and agreements of Trustor set forth in this Deed of Trust <br />shall be joint and 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 this Deed of Trust, or the <br />Note or any other security instrument given in connection with the indebtedness hereby secured shall <br />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, m 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 <br />lien is invalid or unenforceable as to any part of the Property, the unsecured or partially secured <br />portion of such indebtedness shall be completely paid prior to the payment of the remaining and <br />secured or partially secured portion of such indebtedness, and all payments made on such <br />indebtedness, whether voluntary or under foreclosure or other enforcement action or procedure, shall <br />be considered to have been first paid on and applied to the fill payment of that portion of such <br />indebtedness which is not secured or not fully secured by the lien of this Deed of Trust; and (m) the <br />covenants and agreements contained in this Decd ofTrust shall bind, and the benefits and advantages <br />