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87-- 1052 6 <br />otherwise afforded by applicable law, shall nut be a waiver of or <br />preclude the exercise of any such right or .reniody. The procurement <br />of insurance or the payment of taxes or the discharge of liens or <br />charges by Beneficiary shall not be a waiver of Beneficiary's right <br />to accelerate the maturity of the Indebtedness. <br />i <br />r <br />21. Remedies Cumulative. All remedies provided in this Deed <br />of 'Trust are distinct and cumulative to any other. right or remedy <br />under this Deed of Trust or afforded by law or equity, and may be <br />exercised concurrently, independently or successively. <br />22. Successors and`Assigns Bound; Joint and Several Liability; <br />Captions. The covenants and agreements bur.ein contained shall <br />bind, and their rights hereunder shall inure to, the respective <br />successors and assignees of Beneficiary, Trustee, and Trustor. All <br />covenants and agreements of Trustor shall b�., joint and several. <br />The captions and headings of the paragraphs of this Deed of Trust <br />are for the convenience oniv and are not to be uscad to interpret or <br />define the provisions hereof. <br />3. Notice. Except for any notice required under applicable <br />law to be given in another manner, (a) any notice to Trustor <br />provided for in this Deed of Trust shall be given by mailing such <br />notice by certified mail, return receipt requested addressed to <br />Trustor. at its mailing address set forth above or at such other <br />addre_:s as Trustor may designate by notice to Beneficiary as <br />prol,-ic'.ed herein, and (b) any notice to Beneficiary or Trustee shall <br />be given by certified mail, return receipt requested, to <br />Senvficiary's and Trustee's mailing address stated herein or to <br />such other address as Beneficiary or Trustee may designate by <br />notice to Trustor as provided herein. Any .notice provided for in <br />this Deed of Trust shall be deemed to have been given to Trustor, <br />Beneficiary or Trustce when given in the manner designated herein. <br />24. Governing Law; Severabilit-y. This Deed of Trust shall be <br />guv�rned by the laws of the State of Nebraska. In the event any <br />provision or clause of this Deed of Trust conflicts with applicable <br />law, such conflict shall not affect other provisions of this Deed <br />of Trust which can be given effect without the conflicting <br />provisions and to this end the provisions of this Deed of Trust are <br />declared to be severable,. <br />^5. Events of Default. Each of the following occurrences <br />shill constitute an event of default hereunder., (hereinafter called <br />an ";went of Default "): <br />(a) Trustor shall fail. to pay when due any principal, <br />int(?l-,St, or principal and interest on the Indebtedness. <br />(b) Any warranty of title made by Trustor herein shall be <br />un r,l.,� <br />(c) Trustor shall fail to observe or perform any of the <br />:,o-.—nants, agreements, nr conditions in this Deed of Trust, <br />(d) Any r.•epr,�sentation or wra r.anty made by Trustor on any <br />l'irc racial st ,)tements or reports submittcd to nenef..iciary by or on <br />he -Yolt of Trustor shall provo falso or materially misleading. <br />(e) Trustor shall fail to perform or observe any of the <br />c-cl% Wt nts, conditions (11- agreements contained Ln, or binding upon <br />Trar:tor under any 1bui.lding .loan agreement, security agreement, loan <br />ag r?Oiient, financing statement, or r.ny other agr-Qwent, instrument <br />car. ccumcnt: executed by Trustor in conned-ion with the loan <br />Ov �P-�nced by the Note, <br />(f) A t:r►rstee, rer.civer c>C '..iuuidator. of t.hc 7'ru:t Prc�pc.-1y; <br />car �f Tru•_tor. slull..l bo appoint.'•d, or any of the r•reditor:� of <br />Tlu::-l.oa shall f.ilo to pot.i.ticnt i.r, bankr.nhtey ,lrc. ; -,;;t Tiurtor, or for <br />the r ores ►ni.z�7tion of 'P'r-ustu► 1-r!ivant to ti Pod r,l: Banl ;rul)lcy <br />4.7 ie:, V}. ;ally ai.milar Jaw, whoi.11c2 fodotal OI `. ".11to, �,Tld tf f:ucn <br />{ <br />J <br />