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88- 100020 I SECTION 5.8 No Merger. The rights and estate created by this Deed of Trust shall not, under any circumstances, be held to have merged into any other estate or interest now owned or hereafter acquired by Beneficiary unless Beneficiary shall have consented to such merger in writing. SECTION 5.9 Counterparts. This Deed of Trust may be executed in any number of counterparts and each of such counter- parts shall for all purposes be deemed to be an original. All such counterparts shall together constitute but one and the same instrument. SECTION 5.10 Changes in Writing. This Deed of Trust may not be modified, amended, discharged or waived in whole or in part except by an instrument in writing signed by (i) Mortgagor, to the extent any modification, amendment, discharge or waiver is sought to be enforced against Mortgagor, and (ii) Beneficiary, to the extent any modification, amendment, discharge or waiver is sought to be enforced against Beneficiary. SECTION 5. 11 Subord ina tion . Notwi ths tanding anyth ing provided to the contrary herein, this Deed of Trust is subject and subordinate in all respects to that certain Trust Deed dated November 24, 1986 with Capitol as Trustor and Firstier National Bank as Trustee recorded as Document No. 86-106807 in the records of Hall County, Nebraska and that certain Deed of Trust dated December ~, 1987 with Mortgagor as Trustor and Albert M. Nepomnick and Bernard Altsuler as Beneficiaries. IN WITNESS WHEREOF, this instrument is executed as of the day and year first above written. MORTGAGOR MORTGAGE. THE MORTGAGOR HEREBY DECLARES AND ACKNOWLEDGES THAT THE HAS RECEIVED, WITHOUT CHARGE, A TRUE COPY OF THIS r-tORTGAGOR: Attest: /filA)\- f (J2~ :::;;/:1' ;(j;~ , Met, k r. (' AeSf'fl (N ame ) /11.. f'K E. che <;eVJ (Name) Pres; leY! t (Title) ./ ~~ c.re t'lr ~ (Title)/,~ .; J;,~t //1' ~~t'~I,f - ~ v v d'-t~#<. (Gerpw:at.e~ a I ) HBG/161/D.3/12:24:87 -29- L L L ~ ("~ ( -.J