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2oloo�s34 <br />(e) Grantor shall pay or cause to be paid the compensatian to which Trustee is <br />entitled hereunder and all proper disbursements and expenses incurred by Trustee <br />hereunder. <br />(� Upon written request of the Authority stating that all sums secured hereby <br />have been paid, satis�ed, or fargiven and upon surrender of this Recaptur� Deed of Trust <br />and any note to Trustee for cancellaliaa� and retention and upon payrnent by the Authority <br />of Trustee's fees, Trustee shall reconvey to the Grantar, ar the person or persons legally <br />entitled thereto, vvithout war�ranty, any portion of the Property then held hereunder. The <br />recitals in such reconveyance of any matters or facts shall be conclusive praof of the <br />truthfulness thereof. <br />28. This Recapture Deed of Trust, the rights of Authority hereunder and the 1602 <br />Agrccment shall be construed and enfarced aceording to the laws of the State of Nebraska. <br />29. In the event that any provision or clause of any of this Recapture Deed af Trust <br />conflicts with applicable laws, such conflict shall nvt af�'ect othcr provisions of this Recapture <br />Deed of T� which can be given �ffect withaut the conflicting provision. <br />30. This Recapture Deed of Trust applies to, inures to the bene�t of, and binds all. <br />parties hereta, their heirs, legatees, devisees, administrators, executors, successors and assigns. <br />The word "Grantor" shall include any future owner af the Premises. The use of the singular <br />number shall include the plural and the use of any gender shall include all genders. <br />31. No waiver by the Authority of any right under this Rccapture Deed of Trust shall <br />be effective unless in writing. Waiver by the Autharity of any right granted to the Authority <br />under this Recapture Deed of Trusl or af any pravision of this Recapture Deed of Trust as ta any <br />transaction or occurrence shall not be deemed a waiver as to any future transaction or <br />occurrence. By accepting payrr►ent or performance of any Obligatians after its due date, or by <br />tnal�ing any other payrnent or perfarming any other act on behalf of Grantar for which Grantor <br />was abligated heceund�r, but failed to make or perform, or by adding any payment made by the <br />Authority ta the indebtedness secured hereby, the Authority does not waive its right to require <br />prompt payment when due of, or to require prompt p�rfarmance of, any Obligatioil, or to declare <br />an Event of Default for failure so to pay or perfarm. <br />32. Grantor and the Aukhority hereby waive trial by jury in any action, proceeding or <br />counterclaim brought by any party against any other or on any matter arising out af or in any <br />way connected with this Recapture Deed of Trust, the 1602 Agreement or thc permitted <br />encumbrances, ar any sums due under the same, the relationship between Grantor and the <br />Authority, ar the Prernises. <br />33. This Security Instrument secures future advances and future obligations af <br />Grantor and shall be governed by Neb. Rev. SCat. Section 7d-238.01, as may be amended from <br />tirne to time. The tntal face amount of the present and future advances and obligatians which <br />may be secured hereby, including, withoul limitatian, all of Grantor's obligations is $935,295. <br />�� <br />Recapture Qeed of Trust and Seturity Agreement <br />4839-895G-0838.2 <br />