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'88- 100018 r The captions contained in this Trust Deed are for convenience only, and are not to be construed as part of the Trust Deed and shall not be construed as defining or limiting, in any way, the scope or intent of the provisions hereof. 18. Successor Trustee. Beneficiary may, from time to time, substitute a successor or successors to the Trustee named herein, or acting hereunder, to execute this Trust Deed. Upon such appointment and without conveyance to the successor Trustee, the latter shall be vested with all title, powers and duties conferred upon the Trustee herein named or acting hereunder. Each such appointment and substitution shall be made by written instrument by Beneficiary containing reference to this Trust Deed, and its place of record, which, when recorded in the Office of the Register of Deeds of Douglas County, Nebraska, shall be conclusive proof of proper appointment of the successor Trustee. The foregoing power of substitution and the procedure therefor shall not be exclusive of the power and procedure provided for by law for the substitution of a trustee or trustees in place of the Trustee named herein. , i F. 19. Forbearance Not a Waiver. Any forbearance by Benefi- ciary 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 right or remedy hereunder. Likewise, the waiver by Beneficiary or Trustee of any default of Trustor under this Trust Deed, shall not be deemed to be a waiver of any other or similar defaults subsequently occurring. 20. Trustor Not Released. Extension of the time for payment or modification of amortization of the sums secured ~y this Trust Deed granted by Beneficiary to any successor 1n interest of Trustor shall not operate to release, in any manner, the liability of the original Trustor, or Trustor's successor in interest. Beneficiary shall not be required to commence proceed- ings against such successor or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Trust Deed by reason of any demand made by the original Trustor or Trustor's successor in interest. 21. Riahts Absent Default. until any default in the payment of the indebtedness hereby secured or until the breach of any covenant herein contained, Trustor shall possess and enjoy the Property, and receive the rents and profits therefrom. Upon payment of all sums secured by this Trust Deed, Beneficiary shall request Trustee to reconvey the Property and shall surren- der this Trust Deed and all Notes evidencing indebtedness secured by this Trust Deed to Trustee. Trustee shall reconvey the Property without warranty and without charge to the person(s) legally entitled thereto. The grantee in any reconveyance may be described as Wthe person or persons entitled theretoW, and the recitals therein of any matters or facts shall be conclusive proof of the truthfulness thereof. Such person or persons shall pay all costs of recording, if any. 22. Notice. Trustor requests that a copy of any Notice of Default, Notice of Sale, and any other Notice hereunder be mailed to Trustor at 7700 wFw street, Omaha, Nebraska, 68127. IN WITNESS WHEREOF, the Trustor has executed this Trust Deed the day and year first above written. ELLIOT SUPPLY, INC., a Nebraska corporation /1/ti; ,1 t 1',/';/ , _ By: I I i /.t-J~~ l Ii!:-- President L ATTEST: By: /YnJ~i P ttL-- Secretary . --- ',/' )t-?cc//d~/\. ,I,.. ~/&f.<- L -l. _~___ . /1/. l / f ~. 7 ~----" :t