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4-4 74Y ! *87-103276 <br />84 1 006168 <br />by the-• - .. , <br />nrnrfiriur:• hold. :env ndditi,a ..,, ri; <br />horcby. it may crforce the sale thereof. At, its option -ithrr ' <br />:ontemporaneously with. or After the Dade Is made herrutider. And an any' <br />default of Trustor, Beneficiary may, At its option, offset against ane <br />indebtedness secured hereby, and the Beneftelary is hereby authorized <br />and empowered at its option, without any obligation so to do, and <br />without affecting the obligations hereof, to apply toward the payment of <br />any indebtedness of the Truster to the Beneficiary any and all sums of <br />money of Truster which Beneficiary may have in its possession or under <br />its control, including without limiting the generality 'of the foregoing, <br />any savings account, deposit, investment certificate, escrow or trust <br />funds. <br />2S. Acknowled ant: Truster agrees and acknowledges that prior <br />to the executon o t to Deed of Trust, Truster did acknowledge in <br />writing and hereby confirms again that (a) thin Deed of Trust is not a <br />mortgage, but a deed of trust, (h) that the power of sale provided for <br />herein provides substantially different rights and obligations for Truster <br />than a mortgage in the event of a default or breach of any obligation <br />hereunder. And (c) the Aforementioned written acknowledgment was <br />executed prier to the execution of this Decd of Trust.. <br />26_ Law Appllenhie: That this Dced of Trust shall be construct) <br />according to the laws nrthe State of \rhrnskn. <br />-7. IDegality: In the r—At that any provision er clause of this <br />Deed or Trust con Girts with npplicable law, such conflict shall not Affrrt <br />other provlsion� of this Decd of Trust which can be given effect without <br />the conflicting provision. and to this end the provisions of this Deed of <br />Trust are declared to be severable. <br />2a_ (cam ov <br />s, Prisions: (a) This Deed of Trust applies to, inures <br />to the hear tt c. , and binds all parties hereto, their heirs, legatees, <br />devisers, administrators, executors, successors and assigns. (b) The <br />term -11— ficinry" shall mean the owner and holder (including a pledgee) <br />of any note secured hereby, whether or not named as Beneficiary <br />herein. (c) Wherever the context so requires, the masculine gender <br />includes the feminine and neuter, the singular numder includes the <br />plural, and vice versa. td) Captions and paragraph headings used <br />herein Are for convenience only, are not a part of this Agreement, and <br />shall not he used in construing it. If more than one person is named <br />herein as Trustor, each obligation of Truster shall be the pint and <br />several obligation of each such person. The rights or remedies granted <br />hereunder, or by law, shall not be exclusive, but shall be concurrent <br />and cumulative. <br />29. TRUSTEE ACCEPTS this Trust when this Deed of Trust, duly <br />executed and acknowledged. Is made a public record as provided by law. <br />Trustee is not obligated to notify any party hereto of pending sale <br />under any other Deed of Trust or any action or proceeding in which <br />Trustor. Beneficiary or Trustee shall be a party, unless brought by <br />Trustee. <br />30. Address for luailin Notices: Truster hereby requests that e <br />copy of any not c,s a Au_t an s copy of any notice of sale hereunder <br />shall be mailed to each person itemised below at the address indicated: <br />Truster: <br />Grand Island South Investors <br />Address of Truster: <br />cio John P. Chudy <br />11605 Neat Dodge Road <br />Omaha, Nebraska 66154 <br />