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85-- 00586: 17. Successors and Assigns. This Deed of Trust Construction Security Agreement applies to and inures to the benefit of and binds all parties hereto, their heirs, legatees, devisees, personal representatives, successors and assigns. The term 'Beneficiary" shall mean the owner and holder of the note, whether or not named as Beneficiary herein. 18. Beneficiary's Powers. Without affecting the liability of any other person liable for the payment of any obligation herein mentioned, and without affecting the lien or charge of this Deed of Trust Construction Security Agreement upon any portion of the property not then or theretofore released as security for the full payment of all unpaid obligations, Beneficiary may, from time to time and without notice: (a) release any persons so liable; (b) extend the maturity or alter any of the terms of any such obligation; (c) grant other indulgences; (d) release or re- convey or cause to be released or re- conveyed at any time at Beneficiary's option, any parcel, portion or all of the property; (e) take or release any other or additional security for any obligation herein mentioned; or (f) make compositions or other arrangements with debtors in relation thereto. 19. Governing Law. This Deed of Trust Construction Security Agreement shall be governed by the laws of the State of Nebraska and, in the event any one or more of the provisions contained in this Deed of Trust Construction Security Agreement, or the note or any other security instrument given in connection with this transaction shall be for any reason be held to be invalid, illegal. or unenforceable in any respect, such invalidity, illegal- ity or unenforceability shall not affect any other provisions of this Deed of Trust Construction Security Agreement, but Ulu, heed of Trust Construction Security Agreement shall be construe-'d as if such invalid, illegal or enforce- able provision had never been contained herein or therein. 20. Effect of Forbearance. Any forbearance by Beneficiary or Trustee in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy hereunder. Likewise, the waiver by Beneficiary or Trustee of any default of the Trustor under this Deed of Trust Construction Security Agreement shall not be deemed to be a waiver of any other- or similar default subsequently occurring. 21. Re- conveyance by Trustee. Upon written retiluest of the Beneficiary sums stating that all. secured hereby have been paid, and upon surrender of this Decd of Trust Construction Security Agreement and the note to the Trustee for cancellation and retention and upon payment by Trustor of Trustee's fees, Trustee sirall re- convey to Trustor, or the person or persons legally entitled thereto, without warranty, any portion of the property then held hereunder. 11mitals in such re-conveyance of any rMitters or facts shall . be conclusive pr-(x if of the truthfulness thereof. Grantees in the re- comeyance may be described ws "the: person or persons legally can t, i t.l c d thereto." 22. Ace , tance hV 2' Stee. Truster accepts this trust when this of Trust: Ckmgtruct:ion Sec:ur�.i.t:y Agrec.ment, duly excVute�d and arknrxwlcXJtNc r1, is mrade> a public re(%..)rd as provided by law. IN WITNi:S,S WIII•:I*IDF, Trustor hms :KCreutcKi this l.k:r(i of '1'tt►5t CcrnStruet,ion Security Agr"mnt on the date first noted aixrve�. 1318M INVLS'lT)fiS V f,111I'l'11) pAlrlNliE(.H1I? 13,y: 1rlNI)MYXI1 L.S'I'A'I'J'�, INC Cll:NH?,V. hAft'MER =4 -i