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<br />. <br />. <br /> <br />. , <br /> <br />200710501 <br /> <br />16. Appointment of Successor Trustee. Beneficiary may, from, time to time, by <br />written instrument executed and acknowledged by Beneficiary, mailed to Trustor and recorded in <br />the County in which the property is located and by otherwise complying with the provisions of <br />the applicable law of the State of Nebraska, substitute a successor or successors to the Trustee <br />named herein or acting hereunder. <br /> <br />17. Successors and Assigns. This Deed of Trust applies to, and inures to the benefit <br />of, and binds a1l parties hereto, their heirs, legatees, devisees, personal representatives, <br />successors and assigns. The term "Beneficiary" sha1l mean the owner and holder of the note, <br />whether or not named as Beneficiary herein. <br /> <br />18. Beneficiary's Powers. Without affecting the liability of any other person liable for <br />the payment of any obligation herein mentioned, and without affecting the lien or charge of this <br />Deed of Trust upon any portion of the property not then or theretofore released as security for the <br />fu1l payment of a1l unpaid obligations, Beneficiary may, from time to time and without notice: <br /> <br />(a) release any persons so liable; <br /> <br />(b) extend the maturity or alter any of the terms of any <br />such obligation; <br /> <br />(c) grant other indulgences; <br /> <br />(d) release or re-convey or cause to be released or re- <br />conveyed at any time at Beneficiary's option, any parcel, portion or <br />a1l of the property; <br /> <br />(e) take or release any other additional security for any <br />obligation herein mentioned; or <br /> <br />(f) make compositions or other arrangements with <br />debtors in relation thereto. <br /> <br />19. Governing Law. This Deed of Trust sha1l be governed by the laws of the State of <br />Nebraska and, in the event anyone or more of the provisions contained in this Deed of Trust, or <br />the note or any other security instrument given in cOlUlection with this transaction sha1l be for <br />any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality <br />or unenforceability shall not affect any other provisions of this Deed of Trust, but the Deed of <br />Trust sha1l be construed as if such invalid, illegal or enforceable provision had never been <br />contained herein or therein. <br /> <br />20. Effect of Forbearance. Any forbearance by Beneficiary or Trustee in exercising <br />any right or remedy hereunder, or otherwise afforded by applicable law, sha1l not be a waiver of <br />or preclude the exercise of any such right or remedy hereunder. Likewise, the waiver by <br />Beneficiary or Trustee of any default of the Trustor under this Deed of Trust shall not be deemed <br />to be a waiver of any other or similar default subsequently occurring. <br /> <br />21. Re-conveyance by Trustee. Upon written request of the Beneficiary stating that <br />a1l sums secured hereby have been paid, and upon surrender of this Deed of Trust and the note to <br />the Trustee for cancellation and retention and upon payment by Trustor of Trustee's fees, Trustee <br />shall re-convey to Trustor, or the person or persons legally entitled thereto, without warranty, any <br />portion of the property then held hereunder. Recitals in such re-conveyance of any matters or <br />facts sha1l be conclusive proof of the truthfulness thereof. Grantees in the re-conveyance may be <br />described as "the person or persons legally entitled thereto." <br /> <br />22. Acceptance by Trustee. Trustee accepts this trust when this Deed of Trust, duly <br />executed and acknowledged, is made a public record as provided by law. <br /> <br />5 <br />