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07733 85- 005120 <br />A <br />indebtedness secured by this Deed of Trust, and without affecting the lien <br />or charge of this Deed of Trust upon any portion of the Property not then <br />or theretofore released as security for the full amount of all unpaid <br />obligations, Beneficiary may, from time to time and without notice (i) <br />release any person so liable, (ii) extend the maturity or alter any of the <br />terms of any such obligation, (iii) grant other indulgences, (iv) release <br />or reconvey, or cause to be released or reconveyed at any time at Benefi- <br />ciary's option any parcel, portion or all of the Property, (v) take or <br />release any other or additional security for any obligation or indebtedness <br />herein mentioned, or (vi) make compositions or other arrangements with <br />debtors in relation thereto; (i) in addition to the rights and powers given <br />to the Trustee and Beneficiary herein, the Beneficiary shall have all such <br />other rights both in law and equity for collection of the indebtedness <br />secured hereby as it would have but for this Deed of Trust; (j) all cove- <br />nants and agreements of Trustor set forth in this Deed of Trust shall be <br />joint and several; (k) this Deed of Trust shall be governed by the laws of <br />the State of Nebraska; (1) in the event any one or more of the provisions <br />contained in this Deed of Trust, or the Note or any other security instru- <br />ment given in connection with the indebtedness hereby secured shall for any <br />reason be held to be invalid, illegal or unenforceable in any respect, such <br />invalidity, illegality, or unenforceability shall, at the option of Benefi- <br />ciary, not affect any other provision of this Deed of Trust, but this Deed <br />of 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 not secured or not fully secured <br />by the lien of this Deed of Trust; and (in) 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 "Beneficiary" <br />is used herein, it shall. include the legal holder or holders of the Note or <br />the indebtedness secured hereby. <br />SEVENTH: Upon written request of Beneficiary stating that all "mounts <br />and in ec�b— tedness secured hereby have been paid, and upon surrender of this <br />Deed of Trust and the Note to 'Trustee for the cancellation and retention <br />and upon payment by Trustor of Trustee's fees, Trustee shall reconvey to <br />Trustor, or the person or persons legally entitled thereto, without war - <br />ranty, any portion of the Property then held by Trustee hereunder. The <br />recitals in such reconveyance of any matters or facts small be conclusive <br />proof of the truthfulness thereof. The grantee of any reconveyance may be <br />described as "the person or persons legally entitled thereto." <br />EIGHTH: Except for any notices, demands, requests or other communica- <br />tions required under applicable law to he given in - mother manner, whenever <br />Beneficiary, Trustor or Trustee gives or servers ,,n;✓ notice (including, <br />k <br />without .limitation, notice of default and notice,, of salF), demands, re- <br />quests or other communications with respect to thi:; Deed cf: 'Trust, teach <br />such notice, demand, request or other communication ;,hail be in writing and <br />shall. be effective only if the same is delivered by personal service or <br />mailed by certified mail., postage, prepaid, return receipt requested, <br />addressed to the address of the party to whom mailed as; set forth at thc <br />end of this Deed of Trust. Any party may at any time chango its address <br />for such notices by do 1 iverinq or m,:.ltnq to the ether pa t is , here to, as <br />aforesaid, a notice of uch chanqe. �kny not io e 114 rrundc t shall be deenti'd <br />to have been given to T uStor or iicnefi.citir% �n yivcr, in t110 <br />desic;nated herein. <br />Ilk <br />A <br />