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200701052 ......16. This Deed of Trust applies to and inures to the benefit of and binds all parties hereto, their heirs, personal representatives, successors and assigns. The term "Beneficiary" shall mean the owner and holder of the note, whether or not named as Beneficiary herein. t 7. Without affecting the liability 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 the property not then or theretofore released as security for the full payment of all unpaid obligations, the Beneficiary may, from time to time and without notice: (a) release any persons so liable; (b) extend the maturity or alter any of the terms of any such obligation; (c) grant other indulgences; (d) release or reconvey at the Beneficiary's option any parcel, portion or all of the property; (e) take or release any other or additional security for any obligation herein mentioned; or (I) make compositions or other arrangements with debtors in relation thereto. 18. This Deed of Trust shall be governed by the laws of the State of Nebraska and, in the event anyone or more of the provisions contained herein, or the note or any other security instrument given in connection with this transaction shall be for any reason held to be invalid, illegal or unenforceable, in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions of this Deed of Trust, but the Deed of Trust shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein or therein. 19. Any forbearance by the Beneficiary or Trustee in exercising any right or remedy hereunder, or otherwise 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 the Beneficiary or Trustee of any default of the Trustors under this Deed of Trust shall not be deemed to be a waiver of any other or similar default subsequently occurring. 20. Upon the written request of the Beneficiary stating that all sums secured hereby have been paid, and upon surrender of this Deed of Trust and the note to the Trustee for cancellation and retention and upon payment by Trustors of Trustee's fees, Trustee shall reconvey to Trustors, or the person or persons legally entitled thereto, without warranty, any portion of the property then held hereunder. Recitals in such reconveyance of any matters or facts shall be conclusive proof of the truthfulness thereof. Grantees in the reconveyance may be described as the "person or persons legally entitled thereto." IN WITNESS WHEREOF, Trustors have executed this Deed of Trust on the date first noted above. ~~CLJ~ amela .J. Spiehs cv~ j 9,1~' David L. Spiehs STATE OF NEBRASKA) ) SS COUNTY OF HALL ) The foregoing instrument was acknowledged before me on ~~ 7, 2007, by David L. Spiehs and Tamela J. Spiebs, busband and wife. ~ ~ ~ ' ~ NOTARY PUBLIC --------__