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<br />84- 005508 <br /> <br />r <br /> <br />shall have notified. in writing. the person charged with giving such notice. <br />Service of any such notice or demand so made shall be deemed complete on' <br />the date of actual delivery as shown by the addressee's registry or certifi- <br />cation receipt or upon the expiration of the third (3rd) day after the date of <br />mailing. whichever is earlier in time. Any party may at any time change its <br />address for such notice by delivering or mailing to the other parties hereto, <br />as aforesaid, a notice of such ChlLllge. Trustor hereby requests that a c<lp,y <br />of any Notice of Default and Notice of Sale as may be required by law be <br />mailed to it at its address herein contained. <br /> <br />" .06. Granting Consent. The granting of consent by Beneficiary to <br />any transaction as required by the terms hereunder shall not be deemed a <br />waiver of the right to require consent to future or successive transactions; <br /> <br />6.07. Successors and Assigns. All of the grants, obligations.,' cove.,.. <br />nal'lts, agreements, terms. provisions and conditions herein' shall run ", with the <br />land and shall apply to, bind and inure to the benefit of all parties hereto, <br />their heirs. legatees, devisees. personal representatives, successors and <br />assigns. In the event Trustor is composed of more than one party, the <br />obligations, covenants, agreements. and warranties contained herein as well <br />as the obligations arising therefrom are and shall be joint and several as ,. to <br />such party. <br /> <br />6.08. Counterparts. This Deed of Trust may be executed in any <br />number of counterparts and each of sm, counterparts shall for all purposes <br />be deemed to be 8..'1 original; and all , ;.0 counterplrts shall together consti~ <br />tute but one and the saroe d",'eo. <br /> <br />6.09. Governing Jurisdiction. This Deed of Trust is to be construed <br />and enforced according to the laws of the Governing Jurisdiction except that, <br />with respect to any portion of the Property located outside of the Governing <br />Jurisdiction, the laws of the state in which such portion of the Property is <br />located shall be applicable thereto but only to the extent required for Bene- <br />ficiary to exercise its rights and remedies in order to realize upon its inter- <br />ests in the Property. <br /> <br />6.10. Beneficiary. The term "Beneficiary" shall mean the holder of the <br />Note. whether or not named as the Beneficiary herein. <br /> <br />Ii 11 Number and Gender. Whenever used herein, the sL'lgu!ar number <br />shall include the plural, the plural. the singular, and the use of any gender <br />shall be applicable to all genders. <br /> <br />6.12. Acceptance by Trustee. Trustee accepts this Trust when this <br />Deed of Trust. duly executed and acknowledged, is made a public record as <br />provided by law. <br /> <br />6.13. Acknowiedgment. Trustor understands and acknowledges that: <br />(a) The document to be executed is a Trust Deed and not a mortgage; <br />and <br />(b) The power of sale provided fol' in the Trust Deed provides sub- <br />stantially different rights and obligations to the Trustor than a <br />mortgage in the event of a default or breach of obligation. <br /> <br />The undersigned have executed this Deed of Trust. Assignment of Renta <br />and Security Agreement the day and year first hereinabove written. <br /> <br />"TRUSTOR" <br /> <br />DEVCO INVESTMENT CORPORATION. <br /> <br />a Nebraska corporation <br /> <br />Dean R. Arter, <br /> <br /> <br />Attest: <br /> <br />By <br /> <br />>/L~,~.~ ' <br /> <br />I <br />L <br /> <br /> <br />r <br /> <br />-18- <br />