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<br />88- 10534e <br /> <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 like manner with the <br />principal debt herein described, (e) Beneficiary, or their agents, rep- <br />resentatives or workmen, are authorized to enter at any reasonable time <br />upon or in any part of the Property for the purpose of inspecting the same <br />and for the purpose of performing any of the acts they are authorized to <br />perform under the terms of this Deed of Trust; (fl any forbearance by <br />Beneficiary or Trustee in exercising any right or remedy hereunder, or <br />otherwise afforded by applicable law, shall not be a waiver of or preclude <br />the exercise of any such right or remedy hereunder; similarly, the waiver <br />by Beneficiary or Trustee of any default of Trustors under this Deed of <br />Trust shall not be deemed a waiver of any other or similar defaults subse- <br />quently occurring, (g) extension of the time for payment or modification or <br />amortization of the sums secured by this Deed of Trust granted by Benefi- <br />ciary to any successor in interest of Trustors shall not operate to re- <br />lease, in any manner the liability of the original Trustors and Trustors' <br />successors in interest. Beneficiary shall not be required to commence <br />proceedings against such successor or refuse to extend the time for payment <br />or otherwise modify amortization of the sums and indebtedness secured by <br />this Deed of Trust by reason of any demand made by the original Trustors <br />and Trustors' successors in interest; (h) without affecting the liability <br />of the Trustors or any other person liable for the payment of the obliga- <br />tions and indebtedness secured by this Deed of Trust, and without affecting <br />the lien or charge of this Deed of Trust upon any portion of the Property <br />not then or theretofore released as security for the full amount of all <br />unpaid obligations, Beneficiary may, from time to time and without notice <br />(i) release any person so liable, Iii) extend the maturity or alter any of <br />the terms of any such obligation, (iii) grant other indulgences, (iv) <br />release or reconvey, or cause to be released or reconveyed at any time at <br />Beneficiary's option any parcel, portion or all of the Property, (v) take <br />or release any other or additional security for any obligation or indebted- <br />ness herein mentioned, or (vi) make compositions or other arrangements with <br />debtors in relation thereto; (i) in addition to the rights and powers given <br />to the Trustee and Beneficiary herein, the Beneficiary shall have all such <br />other rights both in law and equity for collection of the indebtedness <br />secured hereby as they would have but for this Deed of Trust; (jl all <br />covenants and agreements of Trustors set forth in this Deed of Trust shall <br />be joint and several; (k) this Deed of Trust shall be governed by the laws <br />of the State of Nebraska; (1) in the event anyone or more of the pro- <br />visions contained in this Deed of Trust, or the Note or any other security <br />instrument given in connection with the indebtedness hereby secured shall <br />for any reason be held to be invalid, illegal or unenforceable in any <br />respect, such invalidity, illegality, or unenforceability shall, at the <br />option of Beneficiary, not affect any other provision of this Deed of <br />Trust, but this Deed of Trust shall be construed as if such invalid, <br />illegal, or unenforceable provision had never been contained herein or <br />therein. If the lien of this Deed of Trust is invalid or llnenforceable as <br />to any part of the indebtedness hereby secured or evidenced by the Note, or <br />if the lien is invalid or unenforceable as to any part of the Property, the <br />unsecured or partially secured portion of such indebtedness shall be <br />completely paid prior to the payment of the remaining and secured or <br />partially secured portion of such indebtedness, and all payments made on <br />such indebtedness, whether voluntary or under foreclosure or other enforce- <br />ment action or procedure, shall be considered to have been first paid on <br />and applied to the full payment of that portion of such indebtedness which <br />is not secured or not fully secured by the lien of this Deed of Trust; and <br />(ml the covenants and agreements contained in this Deed of Trust shall <br />bind, and the benefits and advantages hereof shall inure to the respective <br />heirs, executors, administrators, successors and assigns of the parties <br />hereto. Wherever used herein, the singular number shall include the plural <br />and conversely, and the use of any gender shall be applicable to all <br />genders. Wherever the term "Beneficiary" is used herein, it shall include <br />the legal holder or holders of the Note or the indebtedness secured hereby. <br /> <br />SEVENTH: Upon written request of Beneficiary stating that all amounts <br />and indebtedness secured hereby have been paid, and upon surrender of this <br />Deed of Trust and the Note to Trustee for the cancellation and retention <br />and upon payment by Trustors of Trustee's fees, Trustee shall reconvey t.o <br />Trustors, or the person or persons legally entitled thet"eta, wit!lllUt <br />