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201009285
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Last modified
12/13/2010 4:49:58 PM
Creation date
12/13/2010 4:49:57 PM
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DEEDS
Inst Number
201009285
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201409285 <br />of the d�b� hereby secured, for the Trustee or th� Bene�iciary to institute <br />or become a party �a any praceeding or suit in a court of bankruptcy ar <br />probate or ather cour� of general or limi�ed jurisdiction, all expenses and <br />costs properly incurred by said Trustee or said Seneficiary (including <br />r�asonab�e a�torneys' tees) paid or incurred by such Trustee or Beneficiary <br />in maintaining, prosecuting or d�fending such proceeding or protecting their <br />respective rights hereunder shall be an additional debt secured by this Deed <br />of Trus� in like manner with the principal debt herein described; (e) <br />Beneficiary, or its ag�n�s, representatives or workmen, are au�horized to <br />en�.er at any reasonable time upan or in any part of the Property for the <br />purpase of inspecting the same and for th� purpose of perfa�ming any of the <br />acts it is au�.harized �.o perform under the terms of �.his Deed of Trust; (f) <br />any tarbearance by Beneficiary or Trustee in exercising any right or remedy <br />hereunder, or otherwise afforded by applicable 1aw, shall not be a waiver ofi <br />or preclude �he exercise of any such right or rem�dy hereunder; similarly, <br />the waiver by Beneficiary or Trustee of any default af Trus�.or under this <br />Deed of Trust shall not be de�med a waiver of any other or similar defaults <br />subsequently occurring; (g) �x�ensaon of the time for payment or modification <br />or amorCization ot the sums secur�d by this Deed of Trust granted by <br />Beneficiary to any successar in in�erest of Trusto� shall not operate to <br />release, in any manner the liabili�.y of the origina�. Trustor and Trustor's <br />successor in interest. Beneficiary shall not be required to commence <br />proceedings against such successor or refus� to extend the time for payment <br />or otherwi.se modi�y amortization of �he sums and indebtedness secured by this <br />Deed of Trust by �eason of any demand made by the original Trustor and <br />Trus�or's successors in interest; (h) withou� affecting the liability of th� <br />Trus�or or any other person li.able for the payment of the obligations and <br />indebtedness secured by this Deed o� Tru�t, and without a��ecting �.he lien or <br />charge of this Deed of Trust upon any por�.ion o� the Property not �hen or <br />theretofore released as security for th� fu11 amount af all unpaid obliga- <br />tions, Beneficiaxy may, fram time to time and without notice (i) release any <br />person so liable, (ii) extend the maturity or al.ter any of the terms af such <br />obl.igation, (i�.i) gran� other indulgences, (iv) release or reconvey, or cause <br />ta be r�leased or reconveyed at any time at Beneficiary's option any parcel, <br />portion or al� of the P�operty, (v) take or rel�ase any other or additional <br />security for any obligation or indebtedness herein mentioned, or (vi) make <br />compositions or a�.her arrangements wi�h debtors in relation thereto; (i) in <br />addition to the rights and powers given to the Trustee and Beneficiary <br />herein, �he Ben�ficiary shall have all such oth�r rights both in law and <br />equity for GO�l(?Ct.lOrl o� the indebtedness secured hereby as it would have but <br />for this Deed of Trust; (j ) all covenan�.s and agreements af Trustor set forth <br />in this Deed of Trust shall be joint and sev�ral; (k) this Deed of Trust <br />shall be governed by the laws of the State of Nebraska; (1) in �he event any <br />one or more of the provisinns contained in this Deed a� Trus�., or the Note or <br />any other s�curi.ty i.ns�.rument given in connection with the indebt�dness <br />hereby secured shall �or any reasQn be held to be invalid, illegal or <br />unenforceable in any respect, such i.nvalidity, illegality, or unenfo�ce- <br />ability shall, at the option of Beneficiary, not aff�c�. any ather provision <br />of this Deed o� Trust, but this Deed of Trust shall be construed as i� such <br />invalid, illegal., ar unenforceable pravisian had never been contained herein <br />or the�ein. Tf the lien of this Deed of Trust is invalid or unenforceable as <br />to any part of the indeb�edness hereby secured or evidenced by the Note, or <br />it the lien is i.nvalid or unentorceable as to any part of th� Property, the <br />unsecured or partially secur�d poartion o� such indebtedness shall be <br />completely paid priar to the payment �f the remaining and secuared or <br />par�ially secured portion of such indebtedness, and all paymen�.s made on such <br />indebtedness, whether voluntary or under fo�eclosure or other enfarcem�nt <br />action or procedu�e, shall be considered to have been first paid on and <br />applied to the fu7��. payment of that portion of such indebtedness which is not <br />secured oa^ no�. fully secured by �.he lien of this Deed of Trust; and (m) the <br />co�crenants and agreements contained in this Deed o� Trus� sha1.1 bind, and the <br />benefi�.s and advantag�s hereof sha11. inure to the respective heirs, <br />executors, administrators, successors and assigns of the parties hereta. <br />Wherever used herein, the singu�ar number shall include the plural and <br />conversely, and th� use of any gender sha1.1 be applicable to a1� genders. <br />Wherever �he term "Beneficiary'� is used herein, it shall include the legal. <br />holder ar halders of the Note or �he indebtedness secured hereby. <br />SEVENTH. Upon writ�en requ�st of Beneficiary stating that al1 amounts <br />and indebtedness secured hereby have been paid, and upon surr�nder of �his <br />Deed of Trust and the Nate to Trustee for the cancellatian and retention and <br />upon payment by Trustor of Trustee's fees, Trustee shall reconvey to T�ustor, <br />
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