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2045054.00 <br />hereby authorized and empowered at its option, without any obligation to do so, and <br />without affecting the obligations hereof, to apply toward the payment of any <br />indebtedness of the MAKER to the BENEFICIARY, any and all sums of money of <br />MAKER which may have in its possession or under its control, including without limiting <br />the generality of the foregoing any savings account, deposit, investment certificate, <br />escrow or trust funds. <br />Law Applicable: That this Deed of Trust shall be construed according to the <br />laws of the State of Nebraska. <br />Illegality: In the event that any provision or clause of this Deed of Trust conflicts <br />with applicable law, such conflict shall not affect other provisions of this Deed of Trust <br />which can be given effect without the conflicting provision, and to this end the <br />provisions of this Deed of Trust are declared to be severable. <br />General Provisions: (a) This Deed of Trust applies to inures to the benefits of, <br />and binds, all parties hereto, their heirs, legatees, devisees, administrators, executors, <br />successors and assigns. (b) The term "BENEFICIARY" shall mean the owner and <br />holder (including a pledgee) of any note secured hereby, whether or not named as <br />BENEFICIARY herein. (c) Wherever the context so requires, the masculine gender <br />includes the feminine and neuter, the singular number includes the plural, and vice <br />versa. (d) Captions and paragraph hearings used herein are for convenience only, are <br />not park of this agreement, and shall not be used in construing it. If more than one <br />person is named herein as MAKER, each obligation of MAKER shall be the joint and <br />several obligation of each such person. The rights or remedies granted hereunder, or <br />by law, shall not be exclusive, but shall be concurrent and cumulative. <br />TRUSTEE ACCEPTS this Trust when this Deed, duly executed and <br />acknowledged, is made a public record as provided by law. TRUSTEE is not obligated <br />to notify any party hereto of pending sale under any other Deed of Trust or any action <br />or proceeding in which TRUSTOR, BENEFICIARY or TRUSTEE shall be a party, <br />unless brought by TRUSTEE. <br />IN WITNESS WHEREOF, TRUSTOR has executed this Deed of Trust on the <br />date first above written. <br />Legacy Communications, LLC <br />Page 11 of 12 <br />#MGWL 265892 3.DOC <br />