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<br />. 200706465 <br />such other rights both in law and equity for collection of the indebtedness secured hereby as it <br />would have but for this Deed of Trust; (j.) all covenants and agreements of Trustor set forth in <br />this Deed of Trust shall 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 provisions contained in this <br />Deed of Trust, or the Note or any other security instrument given in connection with the <br />indebtedness hereby secured shall for any reason be held to be invalid, illegal or unenforceable in <br />any respect, such invalidity, illegality, or unenforceability shall, at the option of Beneficiary, not <br />affect any other provision of this Deed of Trust, but this Deed of Trust shall be construed as if <br />such invalid, illegal, or unenforceable provision had never been contained herein or therein. If the <br />lien of this Deed of Trust is invalid or unenforceable as to any part ofthe indebtedness hereby <br />secured or evidenced by the Note, or if the lien is invalid or unenforceable as to any part of the <br />Property, the uns~cured or partially secured portion of such indebtedness shall be completely <br />paid prior to the payment of the remaining and secured or partially secured portion of such <br />indebtedness, and all payments made on such indebtedness, whether voluntary or under <br />foreclosure or other enforcement action or procedure, shall be considered to have been first paid <br />on and applied to the full payment of that portion of such indebtedness which is not secured or <br />not fully secured by the lien of this Deed of Trust; and (m) the covenants and agreements <br />contained in this Deed of Trust shall bind, and the benefits and advantages hereof shall inure to <br />the respective heirs, executors, administrators, successors and assibTfis ofthe parties hereto. <br />Wherever used herein, the singular number shall include the plural and conversely, and the use of <br />any gender shall be applicable to all genders. Wherever the term "Beneficiary" is used herein, it <br />shall include 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 and <br />indebtedness secured hereby have been paid, and upon surrender of this Deed of Trust and the <br />Note to Trustee for the cancellation and retention and upon payment by Trustor of Trustee's fees, <br />not to exceed $100.00. Trustee shall reconvey to Trustor, or the person or persons legally <br />entitled thereto, without warranty, any portion of the Property then held by Trustee hereunder. <br />The recitals in such reconveyance of any matters or facts shall be conclusive proof of the <br />truthfulness thereof The grantee of any reconveyance may be described as "the person or persons <br />legally entitled thereto." <br /> <br />EIGHTH. Except for any notices, demands, requests or other communications required <br />under applicable law to be given in another manner, whenever Beneficiary, Trustor or Trustee <br />gives or serves any notice (including, without limitation, notice of default and notice of sale), <br />demands, requests or other communications with respect to this Deed of Trust, & any such <br />notice, demand, request or other communication shall be in writing and shall be effective only if <br />the same is delivered by personal service or mailed by certitied mail, postage prepaid, return <br />receipt requested, addressed to the address of the party to whom mailed as set forth at the end of <br />this Deed of Trust. Any party may at any time change its address for such notices by delivering or <br />mailing to the other parties hereto, as aforesaid, a notice of such change. Any notice hereunder <br />shall be deemed to have been given to Trustor or Beneficiary when given in the manner <br />designated herein. <br /> <br />IN WITNESS WHEREOF, the Trustor has signed and delivered this Deed of Trust the <br />day and year first above written. <br /> <br />~~~-to <br />Nolbert <br /> <br /> <br />Nm A~( () <br /> <br />Name and Address of Beneficiary: <br />Fox Family L.L. C. <br />A Nebraska Corporation <br />Charlie Fox, Registered Agent <br />3115 S. North Road <br />Grand Island, Hall County, Nebraska <br /> <br />-6- <br />