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<br />200802577 <br /> <br />17, Successors and Assil1ns. This Deed of Trust applies to, and inures to the benefit <br />of, and binds all parties hereto, their heirs, legatees, devisees, personal representatives, <br />successors and assigns, The tenn "Beneficiary" shall mean the owner and holder of the note, <br />whether or not named as Benefh:iary herem, <br /> <br />18. Beneficiary's Po*ers. Without aIlccting 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 <br />the full payment of all unpaid obligations, Beneficiary may, from time to time and without <br />notice: <br /> <br />(a) release any persons so liable; <br /> <br />(b) extend the maturity or alter any of the terms of any such obligations; <br /> <br />(c) grant other indulgences; <br /> <br />(d) release or re-convey or cause to be released or re-conveyed at any time at <br />Beneficiary's option, any parcel, portion or all of the Property; <br /> <br />(e) take or release any other or additional security for any obligation herein <br />mentioned; or <br /> <br />(f) make compositions or other arrangements with debtors in relation thereto. <br /> <br />19, Governing Law. This Deed of Trust shall 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 connection with this transaction shall be for <br />any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality <br />or unenforeeability "hall not affect any other provisions of this Deed of Trust, but the Deed of <br />Trust shall be construed as if such invalid, illegal or enforceable provision had never been <br />contained herein or therein. <br /> <br />20. f,tfect of Forbeman~, Any forbearance by Beneficiary or Trustee m exercising <br />any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of <br />or preelude the exercise of any such right or remedy hereunder. Likewise, the waiver by <br />Beneficiary or Trustee of any ddault 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-conveyanee bv Trustee. Upon written request of the Beneficiary stating that <br />all sums secured hereby have bt:en 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-eonvey to Trustor, or the person or persons legally entitled thereto, without warranty, <br />any portion of the Property then held hereunder. Recitals in such re-eonveyanee of any matters <br />or facts shall be conclusive proof of the truthfulness thereof. Grantees in the re-conveyance may <br />be described as "the person or persons legally en~itled thereto," <br /> <br />22. Acceptance by Trustee, Trustee accepts this trust when this Deed of Trust, duly <br />executed and acknowledged, is 11ade a public record as provided by law, <br /> <br />IN WITNESS WHEREOF, Trustor has executed this Deed of Trust on the date first <br />noted above. <br /> <br />(Ai~ <br />Ch~:~~Ck_&jL_ <br /> <br /> <br />"TRUSTOR" <br /> <br />5 <br />