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86- 105248
<br />tb'. Out +on to Forec!ese, Upon the occurrence of any default hereunder, Beneficiary shall have the oot.on to
<br />foreclose this Trust Deed in the manner provided by law for the foreclosure of mortgages on real crooerty.
<br />17. Forebearance by Beneficiary or Trustee Not a Waiver, Anv forebearance by Beneftc art or Trus : ?e in
<br />exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of cr 2re-
<br />clude the exercise of any such right or remedy hereunder. Likewise, the waiver by Beneficiary or Trustee of any
<br />default of Trustor under this Trust Deed shall not be deemed to be a waiver of any other or similar defaults subse-
<br />quently occurring.
<br />18. Trustor Not Released. Extension of the time for payment or modification or amortization of the sums
<br />secured by this Trust Deed granted by Beneficiary to any successor in interest of Trustor shall not operate to release,
<br />in any manner, the liability of the original Trustor and T rustor s successor in interest Beneficiary shall not be
<br />required to commence proceedings against such successor or refuse to extend time for payment or otherwise rnocify
<br />amortization of the sums secured by this Trust Deed by reason of any demand made by the original Trustor and
<br />Trustor's successors in interest-
<br />19. Beneficiary's Powers. Without affecting the liability of the Trustor or any other person liable for the
<br />payment of any obligation herein mentioned, and without affecting the lien or charge of this Trust Des : upon
<br />any portion of the Property not then or theretofore released as security for the full amount of all unpaid oblica :;cns,
<br />Beneficiary may, from time to time and without notice (i) release any person so liable, (ii) extend the maturri or
<br />alter any of the terms of any such obligations, fiii) grant other indulgences, (iv) release or re-convey, or cause to be
<br />released or reconveyed at any time at Beneficiary "s options any parcel, portion or all of the Proper,-/, (v-) take or
<br />release any other or additional security for any obligation herein mentioned, or (vi) make compositions or other
<br />arrangements with debtors in relation thereto.
<br />20. Reconveyance by Trustee- Upon written request of Beneficiary stating that all sums secu red hereby have
<br />been paid, and upon surrender of this Trust Deed and the Note to Trustee for cancellation and retention aric ::bon
<br />payment by Trustor of Trustee's fees, Trustee shall reconvey to Trustor, or the person or persons legally entitled
<br />thereto, without warranty, any portion of the Property then held hereunder, The recitals in such reconveyance of
<br />any matters or farts shall be conclusive proof of the truthfulness thereof, The grantee in any reconveyence may be
<br />described as "the person or persons legally entitled thereto
<br />21. Notices. Except for any notices, demands, requests or other communications required unaerarsp ftainie
<br />law to be given in another manner, whenever Beneficiary, Trustor or Trustee gives or serves any notice (incucing,
<br />without limitation, notice of default and notice of sale), demands, requests or other communication with .r=_s_ect
<br />to this Trust Deed, each such notice, demand, request or other communication shall be in writino acid shad be
<br />effective only if the same is delivered by personal service or mailed by certified mail, postage pmpaid, return receipt
<br />requested, addressed to the address as set forth at the beginning of this Trust Deed. Trustor herebv requests "net a
<br />copy of any notice of default, any notice of sale, required or permitted to be given the Trustor hereunder. be rr -ailed
<br />to it at the address set forth at the beginning of this Trust Deed_ Any party may at any time chance its address for
<br />such notices by delivering or mailing to the other parties hereto, as aforesaid, a notice of such chance- Any nc, ce
<br />hereunder shall be deemed to have been given to Trustor or Beneficiary, when given in the manner designated ::erein-
<br />22. Governing Law, This Trust Deed shall be governed by the laws of the State of Nebraska.
<br />23. Successors and Assions. This Trust Deed and all terms, conditions and obligations herein apply :o and
<br />inure to the benefit of and bind all parties hereto, their heirs, legatees, devisees, personal representatives, succ�sors
<br />and assigns. The term "Beneficiary" shall mean the owner and holder of the Note, whether or not named as S.ne-
<br />ficiary herein.
<br />24. Joint and beveral Liabilitv. All covenants and agreements of Trustor shall be sort ana several-
<br />25. Severability. In the event any one or more of the provisions contained in this Trust Deed, or the Nc :e or
<br />any other security instrument given in connection with this for any reason be held to be invalid, illegal or unenfv �ce-
<br />able in any respect, such invalidity, illegality, or unenforceabtiity shall, at the option of Beneficiary, not affect zny
<br />other provision of this Trust Deed, but this Trust Deed shall be construed as if such invalid, illegal, or unenfor:a_ole
<br />provision had never been contained herein or therein. If the lien of this Trust Deed is invalid or unenforceable as to
<br />any part cif the debt, or if the lien is invalid or unenfor==b!e as to any part of the Property, the unsecured or
<br />partially secured portion of the debt shall be completely paid prior to the payment of the remaining and secured or
<br />Partially secured portion of the debt, and all payments made on the debt, whether voluntary or under foreclosure or
<br />other enforcement action or procedure, shall be considered to have been first paid on and applied to the full pay-
<br />ment of that portion of the debt which is not secured or not fully secured by the lien of this Trust Deed.
<br />26- Number and Gender. Whenever used herein, the singular number shall include the plural, the plural,
<br />the singular, and the use of any gender shall be applicable to all genders.
<br />27. Acceptance by Trustee. Trustee accepts this Trust when this Trust Deed, duty executed and ac+nG : :i-
<br />edged, is made a public record as provided by law.
<br />Rev, 7.S4 P3,4e 5 uI 6
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