<br />88- 10534e
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<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.
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<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
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