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85 . 000475
<br />16. Option to Foreclose. Upon the occurrence of any default hereunder, Beneficiary shall have the option to
<br />foreclose this Trust Dead in the manner provided by law for the foreclosure of mortgages on real property.
<br />17, Forebasance by Beneficiary or Trustee Not a Waiver. Any forebearance by Beneficiary or Trustee in
<br />exercising any right or rernedy hereunder, or otherwise afforded by applicable law, stall not be a waiver of or pre-
<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 Dead shall not be deemed to be a waiver of any other or similar defaults subse-
<br />quently occurring,
<br />18. Truster 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 Trusters successor in interest. Beneficiary stall not be
<br />required to commence proceadirvs against such successor or refuse to extend time for payment or otherwise modify
<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 Deed upon
<br />any portion of the Property not then or theretofore released as security for the full amount of all unpaid obligations,
<br />Beneficiary may, from time to time and without notice (I) release any person so liable, (ii) extend the maturity or
<br />alter any of the terms of any such obligations, (iii) grant other indulgences, IN) release or reconvey, or cause to be
<br />released or reconveyed at any time at Beneficiary's options any parcel, portion or.all of the Property, (v) take or
<br />release any other or additional security for any obligation herein """boned, or Ivi).ralalCe compositions or other
<br />arrangements with debtors in relation thereto.
<br />20. Reconveyance by Trustee. Upon written request of Beneficiary stating that all sums seared hereby have
<br />been paid, and upon surrender of this Trust Deed and the Note to Trustee for cancellation and retention and upon
<br />payment by Truster of Trustees 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 facts shall be conclusive proof of the truthfulness thereof. The grantee in any reconveyance 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 under applicable
<br />law to be given in another manner, whenever Beneficiary, Trustor or Trustee gives or serves any notice (including,
<br />without limitation, notice of default and notice of sale), demands, requests or other communication with respect
<br />to this Trust Deed, each such notice, demand, request or other communication shall be in writing and shall be
<br />effective only if the same is delivered by personal service or mailed by certified mail, postage prepaid, return receipt
<br />requested, addressed to the address as set forth at the beginning of this Trust Deed. A copy of any notice of default,
<br />any notice of sale, required or permitted to be given hereunder, shall be mailed to each person who is a party hereto
<br />at the address set forth at the beginning of this Trust Deed. Any party may at any time change its address for
<br />such notices by delivering or mailing to the other parties hereto, as aforesaid, a notice of such change. Any notice
<br />hereunder shall be deemed to have been given to Trustor or Beneficiary, when given in the manner designated herein.
<br />22. Governing Law. This Trust Deed shall be governed by the laws of the State of Nebraska.
<br />23. Successors and Assigns. This Trust Deed and all terms, conditions and obligations herein apply to and
<br />i.,ure to the benefit of and bind all parties hereto, their heirs, legatees, devisees, personal representatives, successors
<br />and assigns The term "Beneficiary" shall mean the owner and holder of the Note, whether or not named as Bene-
<br />ficiary herein.
<br />24. Joint and Several Liability. All covenants and agreements of Trustor shall be joint and several.
<br />25. Severability. In the event any one or more of the provisions contained in this Trust Dead, or the Note or
<br />any other security instrument given in connection with this for any reason be held to be invalid, illegal or unenforce-
<br />able in any respect, such invalidity, illegality, or unenforceability shall, at the option of Beneficiary, not affect any
<br />other provision of this Trust Deed, but this Trust Deed shall be construed as if such invalid, illegal, of unenforceable
<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 of the debt, or if the lien is invalid or unenforceable 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 />mom of that portion of the debt which is not secured or not fully sacred by the lien of this Trust DeW.
<br />26. Number and Gender. Whenever used herein, the singular number shall ,nclude the plural, the plural,
<br />the singular, and the use of any gander shall be applicable to all genders.
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