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<br />88-105380 <br /> <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 modificaticn 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, from 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, (v) 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; Ii) 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 Nebraska; (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 connection 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 />cons~dered 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 secured <br />by the lien of this Deed of Trust; and 1m) the covenants and agreements <br />contained in this Deed of Trust shall bind, and the benefits and advantages <br />hereof shall inure to the respective heirs, executors, administrators, <br />successors and assigns of the parties hereto. Wherever used herein, the <br />singular number shall include the plural and conversely, and the use of any <br />gender shall be applicable to all genders. Wherever the term "Beneficiary" <br />is used herein, it shall include the legal holder or holders of the Note or <br />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 Trustor of Trusteels fees, Trustbe shall reconvey to <br />Trustor, or the person or persons legally entitled thereto, without war- <br />ranty, any porticn of the Property then held by Trustee hereunder. The <br />recitals in such reconveyance of any matters or facts shall be conclusive <br />proof of the truthfulness thereof. The grantee of any reconveyance may be <br />described as "the person or persons legally entitled theret(J." <br />