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86-- 107516 Beneficiary to any transaction as required by the terms hereunder shall not be deemed a waiver of the right to require consent to future or successive transactions. 6.07. Successors and Assigns. All of the grants, obligations, covenants, agreements, terms, provisions and conditions herein shall run with the land and shall apply to, bind and inure to the benefit of all parties hereto, their heirs, legatees, devisees, personal representatives, successors and assigns. In the event Trustor is composed of more than one party, the obligations, covenants, agreements, and warranties contained herein as well as the obligations arising therefrom are and shall be joint and several as to such party. 6.08. Counterparts. This Deed of Trust may be executed in any number of counterparts and each of such counterparts shall for all purposes be deemed to be an original; and all such counterparts shall together constitute but one and the same deed. 6.09. Governing Jurisdiction. This Deed of Trust is to be construed and enforced according to the laws of the Governing Jurisdiction except that, with respect to any portion of the Property located outside of the Governing Jurisdiction, the laws of the state in which such portion of the Property is located shall be applicable thereto but only to the extent required for Beneficiary to exercise its rights and remedies in order to realize upon its interests in the Property. 6.10. Beneficiary. The term "Beneficiary" shall mean the holder of the Note, whether or not named as the Beneficiary herein. 6.11. Number and Gender. Whenever used herein, the singular number shall include the plural, the plural, the singular, and the use of any gender shall be applicable to all genders. 6.12. Acceptance b Trustee. Trustee accepts this Trust when this Deed of Trust, duly executed and acknowledged, is made a public record as provided by law. 6.13. Acknowledgment. Trustor understands and acknowledges that: (a) The document to be executed is a Trust Deed and not a mortgage; and (b) The power of sale provided for in the Trust Deed provides substantially different rights and obligations to the Trustor than a mortgage in the event of a default or breach of obligation. The undersigned have executed this Deed of Trust, Assignment of Rents and Security Agreement the day and year first hereinabove written. "TRUSTOR" ARTVEST FWI , a Nebraska General fV rtnership D . Arter, General Partner— By -, I Michael D. Arter, General Partn" /I Mark D. Arter.,'Generai Partner -i9-