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<br />200804263 <br /> <br />same upon u~a~d inceresc, principal, taxes or insurance premiums <br />or for maintenance and preservation of the premises. <br /> <br />I. The waiver by TRUSTEE or BENEFICIARY at any default of TRUSTORS <br />unde. this Deed of Trust, On one occasion. shall noe be Or be <br />deemed eo be, a waiver nf any oeher or ",imi lar dE'Jf'au.lts subsequently <br />occurring_ <br /> <br />J. If' title to any part:. of' the property herein shall be taken in <br />condemnation proceedings, by right 0:1: eminent domain, or similar <br />action, or shall be sold under threat or condemnation, all awards, <br />damages and proceeds are hereby a~aigned and Shall be paid to ehe <br />BENEFICIARY, who shall apply such payment, or any part thereof, in <br />her sole discretion, to the sum due at that time on this Deed o~ <br />Tru..t and Trust Deed Note, with any balanc", above the AmOunt due <br />hereunder payable to the TRUSTORS. <br /> <br />K. The BENEFICIARY, her agents or representatives, are hereby <br />author~zed to enter, at any reasonable time, upon any part o~ the <br />trust property ~or the p~rpose~ of inspecting the same and for the <br />purpose of performing any of the acts ~he is authori~ed to perform <br />under the terms o:f t.his Deed of Trust and other aocompanying <br />docl..>.rnents. <br /> <br />L. This Deed of Trust and all accompanying documents are subject to, <br />constructed and governed by the laws of the State of Nebraska for <br />all pu:r:poBe~. <br /> <br />M. In the event anyone or more of the provisions contained in this <br />Deed o~ Trust, Trust Deed Note, or any other in..trument siven in <br />connection with th~s transaction, Shall for any reason be held to <br />be invalid, illegal or unenforceable in any respect, such <br />invalidity, illegality, or unenforc",abi1ity shall, at the option of <br />the BENEFICIARY, not affect any other provis;ions ot; this Deed of'. <br />Trust or T:t"'Ust Deed Note, but this Deed of TruSt and Trus;t Deed <br />Note shall b", con..trued as if such invalid, illegal or <br />unenforceable provision had.never been contained therein, it being <br />the int.ention of the part.iea that the prov~"'~ons of thill!l Deed of <br />Trust are declared to be severable. <br /> <br />N. TRUSTORS hereby waive their right to designate the property subject <br />to this Deed of T~8t as a homestead under Neb. Rev. St.at. ~40-101 <br />(ReilSsue 1993). <br /> <br />O. <br /> <br />This Deed of Trust shall <br />personal representatives;, <br />hereto. <br /> <br />~n1.lre to and b~nd the <br />SucC:liIlssors and assigns <br /> <br />heir... , devi aees. <br />of the parties <br /> <br />The TRUSTORS requel5t that a copy 0:1: any Notice of Defa~lt a.nd of any <br />Notice of Sale hereund"'r be mailed to them at the address herein eet forth, or <br />such other addr",..s as they may provide to the TRUSTEE and BENEFICIARY. <br />TRUSTORS acknowledge that .s TRUSTORS, tuey understand that the document they <br />are executing herein is a Deed of Trust and not a mortgage, and that the power <br />of sale provided :for in this Deed o~ T:t"'Ust provides subli>tant~il.lly ditferent <br />rights and obligations than a mortgage and in an e~ent of default. or breach of <br />the obligations set forth herein, the TRUSTEE and the BENEFICIARY may take such <br />accion as heroin provided, including the exerciae of the power of sale. <br /> <br />EXECUTED the date first above written. <br /> <br /> <br />-4- <br />