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<br />200803604 <br /> <br />Trustor or any other person liable for the payment of the obligations and indebtedness secured <br />by this Deed of Trust, and without affecting the lien or charge of this Deed of Trust upon any <br />portion of the Property not then or theretofore released as security for the full amount of all <br />unpaid obligations, Beneficiary may, from time to time and without notice (i) release any <br />person so liable, (ii) extend the maturity or alter any or the terms of any such obligation, (iii) <br />grant other indulgences, (iv) release or reconvey, or cause to be released or reconveyed at any <br />time at Beneficiary's option any parcel, portion or all of the Property, (v) take or release any <br />other or additional security for any obligation or indebtedness herein mentioned, or (vi) make <br />compositions or other arrangements with debtors, in relation thereto; (i) in addition to the rights <br />and powers given 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 secured hereby as it would <br />have but for this Deed of Trust; U) all covenants and agreements of Trustor set forth in this <br />Deed of Trust shall be joint and several; (k) this Deed of Trust shall be governed by the laws of <br />the State of Nebraska, except and only to the extent the UCC provides otherwise; (I) in the <br />event anyone or more or the provisions contained in this Deed of Trust, or the Note or any <br />other security instrument given in connection with the indebtedness hereby secured shall for <br />any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, <br />illegality, or unenforceability shall at the option of the Beneficiary not effect any other provision <br />of the Deed of Trust, but this Deed of Trust shall be construed as if such invalid, illegal or <br />unenforceable provision had never been contained herein or therein. If the lien of this Deed of <br />Trust is invalid or unenforceable as to any part of the indebtedness hereby secured or <br />evidenced by the Note, or if the lien is invalid or unenforceable as to any part of the Property, <br />the unsecured or partially secured portion of such indebtedness shall be completely paid prior to <br />the payment of the remaining and secured or partially secured portion of such indebtedness, <br />and all payments made on such indebtedness, whether voluntary or under foreclosure or power <br />of sale or other enforcement action or procedure, shall be considered to have been first paid on <br />and applied to the full payment of that portion of such indebtedness which is not secured or not <br />fully secured by the lien of the Deed of Trust; and (m) The covenants and agreements contained <br />in this Deed of Trust shall bind, and the benefits and advantages hereof shall inure to the <br />respective heirs, executors, administrators, successors and assigns of the parties hereto. <br />Wherever used herein, the singular number shall include the plural and conversely, and the use <br />of any gender shall be applicable to all genders. Wherever the terms "Beneficiary is used <br />herein, it shall include the legal holder or holders of the Note or the indebtedness secured <br />hereby. <br /> <br />8. Upon written request of Beneficiary stating that all amounts and indebtedness <br />secured hereby have been paid, and upon surrender of this Deed of Trust and the Note to <br />Trustee for the cancellation and retention and upon payment by Trustor of Trustee's fees, <br />Trustee shall reconvey to Trustor, or the person or persons legally entitled thereto, without <br />warranty, any portion or the Property then held by Trustee hereunder. The grantee of any <br />reconveyance may be described as "the person or persons legally entitled thereto." <br /> <br />9. Trustor acknowledges that Trustor's current financial position is an important <br />factor in Beneficiary's decision to advance the funds represented by the aforementioned Note. <br />Trustor therefore has agreed, in order to provide assurance to Beneficiary with regard to <br />Trustor's financial position, that it shall be an event of default for Trustor to allow any lien or <br /> <br />13 <br /> <br /> <br />~Jfl <br /> <br />F j;{tJ <br />