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86, 10544P,
<br />Beneficiary to institute or become a party to any proceeding or suit in a
<br />court of bankruptcy or probate or other court of general or limited juris-
<br />diction, all expenses and costs properly incurred by said Trustee or said
<br />Beneficiary (including reasonable attorneys' fees) paid or incurred by said
<br />Trustee or Beneficiary in maintaining, prosecuting or defending such
<br />proceeding or protecting their respective rights hereunder shall be an
<br />additional debt secured by this Deed of Trust in like manner with the
<br />principal debt herein described; (e) Beneficiary, or its agents, represen-
<br />tatives or workmen, are authorized to enter at any reasonable time upon or
<br />in any part of the Property for the purpose of inspecting the same and for
<br />the purpose of performing any of the acts it is authorized to perform under
<br />the terms of this Deed of Trust; (f) any forbearance by Beneficiary or
<br />Trustee in exercising any right or remedy hereunder, or otherwise afforded
<br />by applicable law, shall not be a waiver of or preclude the exercise of any
<br />such right or remedy hereunder; similarly, the waiver by Beneficiary or
<br />Trustee of any default of Trustor under this Deed of Trust shall not be
<br />deemed a waiver of any other or similar defaults subsequently occurring;
<br />(g) extension of the time for payment or modification or amortization of
<br />the sums secured by this Deed of Trust granted by Beneficiary to any
<br />successor in interest of Trustor shall not operate to release, in any
<br />manner the liability of the original Trustor and Trustor's successor in
<br />interest. Beneficiary shall not be required to commence proceedings
<br />against such successor or refuse to extend the time for payment or other-
<br />wise modify amortization of the sums and indebtedness secured by this Deed
<br />of Trust by reason of any demand made by the original Trustor and Trustor's
<br />successors in interest; (h) without affecting the liability of the Trustor
<br />or any other person liable for the payment of the obligations and indebted-
<br />ness secured by this Deed of Trust, and without affecting the lien or
<br />charge of this Deed of Trust upon any portion of the Property not then or
<br />theretofore released as security for the full amount of all unpaid obliga-
<br />tions, Beneficiary may, from time to time and without notice (i) release
<br />any person so liable, (ii) extend the maturity or alter any of the terms of
<br />any such obligation, (iii) grant other indulgences, (iv) release or recon-
<br />vey, or cause to be released or reconveyed at any time at Beneficiary's
<br />option any parcel., portion or all of the Property, (v) take or release any
<br />other or additional security for any obligation or indebtedness herein
<br />mentioned, or (vi) make compositions or other arrangements with debtors in
<br />relation thereto; (i) in addition to the rights and powers given to the
<br />Trustee and Beneficiary herein, the Beneficiary shall have all such other
<br />rights both in law and equity for collection of the indebtedness secured
<br />hereby as it would have but for this Deed of Trust; (j) all covenants and
<br />agreements of Trustor set forth in this Deed of Trust shall be joint and
<br />several; (k) this Deed of Trust shall be governed by the laws of the State
<br />of Nebraska; (1) in the event any one or more of the provisions contained
<br />in this Deed of Trust, or the Note or any other security instrument given
<br />in connection with the indebtedness hereby secured shall for any reason be
<br />held to be invalid, illegal or unenforceable in any respect, such invalidi-
<br />ty, illegality, or unenflorceability shall, at the option of Beneficiary,
<br />not affect any other provision of this Deed of Trust, but this Deod of
<br />Trust shall be construed as if such invalid, illegal, or unenforceable
<br />provision had never been contained herein or therein. If the lien of this
<br />Deed of Trust is invalid or unenforceable as to any part of the indebted-
<br />ness hereby secured or evidenced by the Note, or if the lien is invalid or
<br />unenforceable as to any part of the Property, the unsecured or partially
<br />secured portion of such indebtedness shall be completely paid prior to the
<br />payment of the remaining and secured or partially secured portion of such
<br />indebtedness, and all payments made on such indebtedness, whether voluntary
<br />or under foreclosure or other enforcement action or procedure, shall be
<br />considered to have been first paid on and applied to the full payment of
<br />that portion of such indebtedness which is riot secured or not fully secured
<br />by the lien of this Deed of Trust; and (m) the covenants and agreements
<br />contained in this Deed of Trust shall bind, and the benefits and advantages
<br />hereof shall inure to the respective heirs, executors, administrators,
<br />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
<br />gender shall be applicable to all genders. Wherever the term
<br />is used herein, it shall include the legal holder or holders of the Note or
<br />the indebtedness secured hereby.
<br />SEVENTH- Upon w r i t 11 c, ri request o I Eie ne 1' 1 1: la,- !z ta t 1 1 Iq that I I I rimel 1 -11
<br />1
<br />anti i F( 7 Fi7e-ane ss secured tic! r #by h a v e bee ii paid. 1 F "' 1! -u I e 1) L'I thtr.
<br />Deed of Trust a.i d the No t e, t) 'trustee I o - 4, h C 1 z t i C- I , and tt,t !I
<br />
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