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ss— 106392 other provisions of this Deed of Trust or Trust Deed Note, but this Deed of Trust and Trust Deed Note shall be construed as if such invalid, illegal or unenforceable provision had never been contained therein, it being the intention of the parties that the provisions of this Deed of Trust are declared to be severable. N. This Deed of Trust shall inure to and bind the heirs, devisees, personal representatives, successors and assigns of the parties hereto. All parties to this Deed of Trust acknowledge that this Deed of Trust is subject to a First Mortgage given by Ivan R. Middagh and Eleanor G. Middagh in favor of Mary Alice Henderson, Individually and as Trustee of the Charles Henderson IV Testamentary Trust. Trustor cannot transfer the above described property to any person, partnership, corporation, or other entity, without the prior written consent of the Beneficiary. The TRUSTOR requests that a copy of any Notice of Default and of any Notice of Sale hereunder be mailed to him in care of his attorney, Jerry Milner, at 1503 West 2nd Street, Grand Island, Nebraska 68801, or such other address as he may provide to the TRUSTEE and BENEFICIARY. TRUSTOR further states that he has given the BENEFICIARY a written acknowledgment which states that as TRUSTOR, he understands that the document he ip executing herein is a Deed of Trust and not a mortgage, and that the power of sale provided for in this Deed of Trust provides substantially different rights and obligations than a mortgage and in an event of default or breach of the obligations set forth herein, the TRUSTEE and the BENEFICIARY may take such action as herein provided, including the exercise of the power of sale, and the has been executed that and shall Acknowledgment orecordedt recorded referred simultaneous with the recordation of this Deed of Trust. EXECUTED the date first above written. 1 ItiNNEY M DDA 8, rustor -- 7 - u