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<br />200710443
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<br />tions, Beneficiary may, from time to time and without notice (i) release any
<br />person so liable, (ii) extend the maturity or alter any of the terms of such
<br />obligation, (iii) grant other indulgences, (iv) release or reconvey, or cause
<br />to be released or reconveyed at any time at Beneficiary's option any parcel,
<br />portion or all of the Property, (v) take or release any other or additional
<br />security for any obligation or indebtedness herein mentioned, or (vi) make
<br />compositions or other arrangements with debtors in relation thereto; (i) in
<br />addition to the rights and powers given to the Trustee and Beneficiary
<br />herein, the Beneficiary shall have all such other rights both in law and
<br />equity for collection of the indebtedness secured hereby as it would have but
<br />for this Deed of Trust; (j) all covenants and agreements of Trustor set forth
<br />in this Deed of Trust shall be j oint and several; (k) this Deed of Trust
<br />shall be governed by the laws of the State of Nebraska; (1) in the event any
<br />one or more of the provisions contained in this Deed of Trust, or the Note or
<br />any other security instrument gi ven in connection with the indebtedness
<br />hereby secured shall for any reason be held to be invalid, illegal or
<br />unenforceable in any respect, such invalidity, illegality, or unenforce-
<br />ability shall, at the option of Beneficiary, not affect any other provision
<br />of this Deed of Trust, but this Deed of Trust shall be construed as if such
<br />invalid, illegal, or unenforceable provision had never been contained herein
<br />or therein. If the lien of this Deed of Trust is invalid or unenforceable 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 such
<br />indebtedness, whether voluntary or under foreclosure or other enforcement
<br />action or procedure, shall be considered to have been first paid on and
<br />applied to the full payment of that portion of such indebtedness which is not
<br />secured or not fully secured by the lien of this Deed of Trust; and (m) the
<br />covenants and agreements contained in this Deed of Trust shall bind, and the
<br />benefits and advantages hereof shall inure to the respective heirs,
<br />executors, administrators, successors and assigns of the parties hereto.
<br />Wherever used herein, the singular number shall include the plural and
<br />conversely, and the use of any gender shall be applicable to all genders.
<br />Wherever the term "Beneficiary" is used herein, it shall include the legal
<br />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 and
<br />upon payment by Trustor of Trustee's fees, Trustee shall reconvey to Trustor,
<br />or the person or persons legally entitled thereto, without warranty, any
<br />portion of the Property then held by Trustee hereunder. The recitals in such
<br />reconveyance of any matters or facts shall be conclusive proof of the
<br />truthfulness thereof. The grantee of any reconveyance may be described as
<br />"the person or persons legally entitled thereto."
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<br />EIGHTH. Except for any notices, demands, requests or other communica-
<br />tions required under applicable law to be given in another manner, whenever
<br />Beneficiary, Trustor or Trustee gives or serves any notice (including,
<br />without limitation, notice of default and notice of sale), demands, requests
<br />or other communications with respect to this Deed of Trust, each such notice,
<br />demand, request or other communication shall be in writing and shall be
<br />effective only if the same is delivered by personal service or mailed by
<br />certified mail, postage prepaid, return receipt requested, addressed to the
<br />address of the party to whom mailed as set forth at the end of this Deed of
<br />Trust. Any party may at any time change its address for such notices by
<br />delivering or mailing to the other parties hereto, as aforesaid, a notice of
<br />such change. Any notice hereunder shall be deemed to have been given to
<br />Trustor or Beneficiary when given in the manner designated herein.
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<br />IN WITNESS WHEREOF, the Trustor has signed and delivered this Deed of
<br />Trust the day and year first above written.
<br />
<br />JERRY'S SHEET METAL, HEATING & COOLING, INC.,
<br />TRUSTOR,
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<br />BY ~b~ ~~A-
<br />
<br />~ PRESIDENT
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