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<br />200800422 <br /> <br />f(lr payment or modification or amortization of the sums secured by this Deed of Trust granted by <br />Beneficiary to any successor in interest of Trustor shall not operate to release, in any manner the <br />liability of the original Trustor and Trustor's successor in interest. Beneficiary shall not be required <br />to commence proceedings against such successor or refuse to extend the time for payment or <br />otherwise modify amortization ofthe sums and indebtedness secured by this Deed of Trust by reason <br />of any demand made by the original Trustor and Trustor's successors in interest; (h) without affecting <br />the liability of the Trustor or any other person liable for the payment of the obligations and <br />indebtedness secured by this Deed of Trust, and without affecting the lien or charge ofthis Deed of <br />Trust upon any portion of the Property not then or theretof(lre released as security f()r the full amount <br />of all unpaid obligations, Beneficiary may, from time to time and without notice (i) release any person <br />so liable, (ii) extend the maturity or alter any of the terms of any such obligation, (iii) grant other <br />indulgences, (iv) release or reconvey, or cause to be released or reconvcyed at any time at <br />Beneficiary's option any parcel, portion or all of the Property, (v) take or release any other or <br />additional security for any obligation or indebtedness herein mentioned, or (vi) make compositions <br />or other arrangements with 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 other rights both in law and <br />equity for collection of the indebtedness secured hereby as it would have but for this Deed of Trust; <br />G) all covenants and agreements of Trustor set forth in this Deed of Trust shall be joint and several; <br />(k) this Deed of Trust shall be governed by the laws ofthe State of Nebraska; (1) in the event anyone <br />or more of the provisions contained in this Deed of Trust, or the Note or any other security <br />instrument given in connection with the indebtedness hereby secured shall for any reason be held to <br />be invalid, illegal or unenfDrceable in any respect, such invalidity, illegality, or unenhlrceability shall, <br />at the option of Beneficiary, not affect any other provision of this Deed of Trust, but this Deed of <br />'frust shall be construed as if such invalid, illegal, or unenforceable provision had never been <br />contained herein or therein. Ifthe lien of this Deed of Trust is invalid or unenforceable as to any part <br />of the indebtedness hereby secured or evidenced by the Note, or if the lien is invalid or unenf()rceable <br />as to any part of the Property, the wlsecured or partially secured portion of such indebtedness shall <br />be completely paid prior to the payment of the remaining and secured or partially secured portion of <br />such indebtedness, and all payments made on such indebtedness, where voluntary or under <br />fDreclosure or other enf(lrcement 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 is not secured or not fully <br />secured by the lien of this Deed of Trust; and (m) the covenants and agreements contained in this <br />Deed of Trust shall bind, and the benefits and advantages hereof shall inure to the respective heirs, <br />cxecutors, administrators, 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 gender shall be applicable <br />to all genders. Wherever the term "Beneficiary" is used hcrein, it shall include the legal holder or <br />holders of the Note or the indebtedness secured hereby. <br /> <br />SEVENTH: Upon written request of Beneficiary stating that all amounts and indebtedness <br />secured hereby have been paid, and upon surrender of this Deed of Trust and the Note to Trustee tor <br />the cancellation and retention and upon payment by Trustor of Trustee's fees, Trustee shall reconvey <br />to Trustor, or the person or persons legally entitled thereto, without warranty, any portion of the <br />Property then held by Trustee hereunder. The recitals in such reconveyance of any matters or facts <br />shall be conclusive proof of the truthfulness thereof. lhe grantee of any reconveyance may be <br />described as "the person or persons legally entitled thereto." <br /> <br />EIGHTH: Except f(lr any notices, demands, requests or other communications required under <br />applicable law to be given in another manner, whenever Beneficiary, Trustor or Trustee gives or <br />serves any notice (including, without limitation, notice of def~lUlt and notice of sale), demands, <br />requests or other communications with respect to this Deed of Trust, each such notice, demand, <br />request or other communication shall be in writing and shall be effective only if the same is delivered <br />by personal service or mailed by certified mail, postage prepaid, return receipt requested, addressed <br />to the address of the party to whom mailed as set f(lrth at the end of this Deed of Trust. Any party <br />may at any time change its address for such notices by delivering or mailing to the other parties <br />hereto, as aforesaid, a notice of such change. Any notice hereunder shall be deemed to have been <br />given to Trustor or Beneficiary when given in the manner designated herein. <br /> <br />IN WITNESS WHEREOF, the Trustor has signed and delivered this Deed of Trust the day <br />and year first above written. <br />