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IN <br />16. Option to Foreclose, Upon the occurrence of any default hereunder, Beneficiary y shallOhave the option to <br />!(� foreclose this Trust Deed in file manner provided by law for the foreclosure of mortgages on real property. <br />17. Forebearance by Beneficiary or Trustee Not a Waiver. Any forebearance by Beneficiary or Trustee in <br />exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall 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 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 Trustor'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 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, (iv) 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 mentioned, or (vi) make compositions or other <br />arrangements with debtors in relation thereto. <br />20. Recortvevance 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 Trustor 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 />1. Notices. Except for any notices, demands, requests or other communications required under applicable <br />luw to be given ­in 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 />effc !r.•e ccl. os the ;a. delivered b•; pe,-scn: ! service cr mai!ad by .:ertificai mail, postage prepaid, return receipt <br />requested, addressed to the address as set forth at the beginning of this Trust Deed. Trustor hereby requests that a <br />Copy of any notice of default, any notice of sale, required or permitted to be given the Trustor hereunder, be mailed <br />to it 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. Governaw, 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 />inure 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 Liabiliri All covenants and agreements of Trustor shall be joint and several. <br />25. Sever_ abil`ity. In the event any one or more of the provisions contained in this Trust Deed, 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 />We 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, or 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 i:nbt shall be cemplotely 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 p <br />ment of that portion of the debt which is not secured or not fully secured by the lien of this Trust Deed. ay- <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 b Trustee. Trustee accepts this Trust when this Trust Deed, duly executerf and acknowl- <br />etfgad, is made a public record as provided by law. <br />cr„v r'rt <br />Pigs b 1 5 <br />ll <br />Ral <br />