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<br />88-1U21tj 7 <br /> <br /> <br />r <br /> <br />L <br /> <br />mailed to Trustor and recorded in the county or counties in which the <br />Property is located and by otherwise complying with the provisions of the <br />applicable laws of the state of Nebraska, substitute a successor or succes- <br />sors to the Trustee named herein or acting hereunder; (c) although the <br />Trustee, or his successor or successors, may be an agent of, or attorney <br />for, or otherwise connected with the Beneficiary, such fact shall not be <br />construed to disqualify him to act as such Trustee, nor shall such fact <br />prevent the Trustee or Beneficiary from bidding at a sale and buying any <br />part or all of the Property at any sale hereunder, (d) that if it should be <br />necessary or appropriate for the protection of the security hereby conveyed <br />or enforcement of the debt hereby secured, for the Trustee or the Benefi- <br />ciary to institute or become a party to any proceeding or suit in a court <br />of bankruptcy or probate or other court of general or limited jurisdiction, <br />all expenses and costs properly incurred by said Trustee or said Benefi- <br />ciary (including reasonable attorneys' fees) paid or incurred by said <br />Trustee or Beneficiary in maintaining, prosecuting or defending such <br />proceeding or protecting their respective rights hereunder shall be an <br />additional debt secured by this Deed of Trust in lik~ manner with the <br />principal debt herein described; (e) Beneficiary, or its agents, represen- <br />tatives or workmen, are authorized to enter at any reasonable time upon or <br />in any part of the Property for the purpose of inspecting the same and for <br />the purpose of performing any of the acts it is authorized to perform under <br />the terms of this Deed of Trust, (f) any forbearance by Beneficiary or <br />Trustee in exercising any right or remedy hereunder, or otherwise afforded <br />by applicable law, shall not be a waiver of or preclude the exercise of any <br />such right or remedy hereunder, similarly, the waiver by Beneficiary or <br />Trustee of any default of Trustor under this Deed of Trust shall not be <br />deemed a waiver of any other or similar defaults subsequently occurring, <br />(g) extension of the time for payment or modification or amortization of <br />the sums secured by this Deed of Trust granted by Beneficiary to any <br />successor in interest of Trustor shall not operate to release, in any <br />manner the liability of the original Trustor and Trustor's successor in <br />interest. Beneficiary shall not be required to commence proceedings <br />against such successor or refuse to extend the time for payment or other- <br />wise modify amortization of the sums and indebtedness secured by this Deed <br />of Trust by reason of any demand made by the original Trustor and Trustor's <br />successors in interest; (h) without affecting the liability of the Trustor <br />or any other person liable for the payment of the obligations and indebted- <br />ness 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 <br />theretofore released as security for the full amount of all unpaid obliga- <br />tions, Beneficiary may. [rom time to time and without notice (i) release <br />any person so liable, (ii) extend the maturity or alter any of the terms of <br />any such obligation, (iii) grant other indulgences, (iv) release or recon- <br />vey, or cause to be released or reconveyed at any time at Beneficiary's <br />option any parcel, portion or all of the Property, (vi take or release any <br />other or additional security for any obligation or indebtedness herein <br />mentioned, or (vi) make compositions or other arrangements with debtors in <br />relation thereto; (i) in addition to the rights and powers given to the <br />Trustee and Beneficiary herein, the Beneficiary shall have all such other <br />rights both in law and equity for collection of the indebtedness secured <br />hereby as it would have but for this Deed of Trust; (j) all covenants and <br />agreements of Trustor set forth in this Deed of Trust shall be joint and <br />several; (k) this Deed of Trust shall be governed by the laws of the state <br />of Nebraskar (1) in the event anyone or more of the provisions contained <br />in this Deed of Trust, or the Note or any other security instrument given <br />in eonneetion with the indebtedness hereby secured shall for any reason be <br />held to be invalid, illegal or unenforceable in any respect, such invalidi- <br />ty, illegality, or unenforceability shall, at the option of Beneficiary, <br />not affect any other provision of this Deed of Trust, but this Deed of <br />Trust shall be construed as if such invalid, illegal, or unenforceable <br />provision had never been contained herein or therein. If the lien of this <br />Deed of Trust is invalid or unenforceable as to any part of the indebted- <br />ness hereby secured or evidenced by the Note, or if the lien is invalid or <br />unenforceable as to any part of the Property, the unsecured or partially <br />secured portion of such indebtedness shall be completely paid prior to the <br />payment of the remaining and secured or partially secured portion of such <br />indebtedness, and all payments made on such indebtedness, whether voluntary <br />or under foreclosure or other enforcement action or procedure, shall be <br />considered to have been first paid on and applied to the full payment of <br />that portion of such indebtedness which is not secured or not fully securpd <br />by th~ lien of this Deed of Trust; and (m) the covpnants and agreements <br /> <br /> <br /> <br />,.' <br />... <br /> <br />--3-~ <br />