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<br />200805762 <br /> <br />SIXTH: Trustor specifically agrees that (a) Trustor, at its expense, will execute and deliver to Beneficiary, <br />promptly upon request, such security instruments as may be required by Beneficiary, in a form and substance <br />satisfactory to Beneficiary, covering any of the Property conveyed by this Deed of Trust which security instruments <br />shall be additional security for Trustor's faithful performance of all of the terms, covenants and conditions of this <br />Deed of Trust, the Note and indebtedness secured hereby, and any other security instruments executed in connection <br />with the indebtedness secured by this Deed of Trust; and all such instruments shall be filed and recorded at trustor's <br />expense; (b) Beneficiary may, from time to time, by written instrument executed and acknowledged by Beneficiary, <br />mailed to Trustor and recorded in the county or counties in which the Property is located and by otherwise complying <br />with the provisions of the applicable laws of the State of Nebraska, substitute a successor or successors to the Trustee <br />named herein or acting hereunder; (c) although the Trustee, or Trustee's successor or successors, may be an agent <br />of, or attorney for, or otherwise connected with the Beneficiary, such fact shall not be construed to disqualify Trustee <br />to act as such Trustee, nor shall such fact prevent the Trustee or Beneficiary from bidding at a sale and buying any <br />part or all of the Property at any sale hereunder; (d) that if it should be necessary or appropriate for the protection <br />of the security hereby conveyed or enforcement of the debt hereby secured, for the trustee or the Beneficiary to <br />institute or become a party to any proceeding or suit in a court of bankruptcy or probate or other court of general or <br />limited jurisdiction, all expenses and costs properly incurred by said Trustee or said Beneficiary (including reasonable <br />attorney's fees) paid or incurred by such Trustee or Beneficiary in maintaining, prosecuting or defending such <br />proceeding or protecting their respective rights hereunder shall be an additional debt secured by this Deed of Trust <br />in like manner with the principal debt herein described; (e) Beneficiary, or its agents, representatives or workmen, <br />are authorized to enter at any reasonable time upon or in any part of the Property for the purpose of inspecting the <br />same and for the purpose of performing any of the acts it is authorized to perform under the terms of this Deed of <br />Trust; (0 any forbearance by Beneficiary or Trustee in exercising any right or remedy hereunder, or otherwise <br />afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy hereunder; <br />similarly, the waiver by Beneficiary or Trustee of any default of Trustor under this Deed of Trust shall not be deemed <br />a waiver of any other or similar defaults subsequently occurring; (g) extension of the time for payment or <br />modification or amortization of the sums secured by this Deed of Trust granted by Beneficiary to any successor in <br />interest of Trustor shall not operate to release, in any manner the liability of the original Trustor and Trustor's <br />successor in interest. Beneficiary shall not be required to commence proceedings against such successor or refuse <br />to extend the time for payment or otherwise modify amortization ofthe sums and indebtedness secured by this Deed <br />of Trust by reason of any demand made by the original trustor and trustor's successors in interest; (h) without <br />affecting the liability of the trustor or any other person liable for the payment of the obligations and indebtedness <br />secured by this Deed of Trust, and without affecting the lien or charge ofthis Deed of Trust upon any portion of the <br />Property not then or theretofore released as security for the full amount of all unpaid obligations, Beneficiary may, <br />from time to time and without notice (i) release any person so liable, (ii) extend the maturity or alter any of the terms <br />of any such obligation, (iii) grant other indulgences, (iv) release or reconvey, or cause to be released or reconveyed <br />at any time at Beneficiary's option any parcel, portion or all of the Property, (v) take or release any other or additional <br />security for any obligation or indebtedness herein mentioned, or (vi) make compositions or other arrangements with <br />debtors in relation thereto; (i) in addition to the rights and powers given to the Trustee and Beneficiary herein, the <br />Beneficiary shall have all such other rights both in law and equity for collection of the indebtedness secured hereby <br />as it would have but for this Deed of Trust; (j) all covenants and agreements of Trustor set forth in this Deed of Trust <br />shall be joint and several; (k) this Deed of Trust shall be governed by the laws of the State of Nebraska; (1) in the <br />event anyone or more ofthe provisions contained in this Deed of Trust, or the Note or any other security instrument <br />given in connection with the indebtedness hereby secured shall for any reason be held to be invalid, illegal or <br />unenforceable in any respect, such invalidity, illegality, or unenforceability shall, at the option of Beneficiary, not <br />affect any other provision of this Deed of Trust, but this Deed of Trust shall be construed as if such invalid, illegal, <br />or unenforceable provision had never been contained herein or therein. If the lien of this Deed of Trust is invalid or <br />unenforceable as to any part ofthe indebtedness 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 secured portion of such indebtedness shall <br />be completely paid prior to the payment of the remaining and secured or partially secured portion of such <br />indebtedness, and all payments made on such indebtedness, whether voluntary or under foreclosure or other <br />enforcement action or procedure, shall be 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 by the lien of this Deed of Trust; and (m) <br />the covenants and agreements contained in this Deed of Trust shall bind, and the benefits and advantages hereof shall <br />inure to the respective heirs, executors, administrators, successors and assigns of the parties hereto. Wherever used <br />herein, the singular number shall include the plural and conversely, and the use of any gender shall be applicable to <br />all genders. Wherever the term "Beneficiary" is used herein, it shall include the legal holder or holders ofthe Note <br />or the indebtedness secured hereby. <br /> <br />SEVENTH: Upon written request of Beneficiary stating that all amounts and indebtedness secured hereby <br />have been paid, and upon surrender of this 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 Trustor, or the person or persons legally <br />entitled thereto, without warranty, any portion ofthe Property then held by Trustee hereunder. The recitals in such <br />reconveyance of any matters or facts shall be conclusive proof of the truthfulness thereof. The grantee of any <br />reconveyance may be described as "the person or persons legally entitled thereto." <br /> <br />Page 4 of 5 <br />