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201103607
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5/13/2011 8:35:46 AM
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5/13/2011 8:35:45 AM
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DEEDS
Inst Number
201103607
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�Q11036�� <br />exercise of any such right or remedy hereunder; similarly, the <br />waiver by Beneficiary or Trustee of any default of Trustor under <br />this Deed of Trust shall not be deemed a waiver of any other or <br />similar defaults subsequently occurring; (g) extension of the <br />time for payment or modification or amortization of the sums <br />secured by this Deed of Trust granted by Beneficiary to any <br />successor in interest of Trustor shall not operate to release, in <br />any manner the liability of the original Trustor and Trustor's <br />successor in interest. Beneficiary shall not be required to <br />commence proceedings against such successor or refuse to extend <br />the time for payment or otherwise modify amortization of the sums <br />and indebtedness secured by this Deed of Trust by reason af any <br />demand made by the original Trustor and Trustor's successors in <br />interest; (h) without affecting the liability of the Trustor or <br />any other person liable for the payment of the obligations and <br />indebtedness secured by this Deed of Trust, and without affecting <br />the lien or charge of this Deed of Trust upon any portion of the <br />Property not then or theretofore released as security for the full <br />amount of all unpaid obligations, Beneficiary may, from time to <br />time and without notice (i) release any person so liable, (ii) <br />extend the maturity or alter any of the terms of any such <br />obligation, (iii) grant other indulgences, (iv) release or <br />reconvey, or cause to be released or reconveyed at any time at <br />Beneficiary's option any parcel, portion of or all of the <br />Property, (v) take or release any other or additional security for <br />any obligation or indebtedness herein mentioned, or (vi) make <br />compositions or other arrangements with debtors in relation <br />thereto; (i) in addition to the rights and powers given to the <br />Trustee and Beneficiary herein, the Beneficiary shall have all <br />such ather rights both in law and equity for collection of the <br />indebtedness secured hereby as it would have but for this Deed ot <br />Trust; (j) all covenants and agreements of Trustor set forth in <br />this Deed of Trust shall be joint and several; (k� this Deed of <br />Trust shall be governed by the laws of the State of Nebraska; <br />(1) in the event any one or more of the provisions contained in <br />this Deed of Trust, or the Note or any other security instrument <br />qiven in cannection with the indeb�edness hereby secured shall for <br />any reason be held to be invalid, illegal or unenforceable in any <br />respect, such invalidity, illegality, or unenforceability shall, <br />at the option of Beneficiary, not aftect any other provision of <br />this Deed of Trust, but this Deed of Trust shall be construed as <br />if such invalid, illegal, or unenforceable provision had never <br />been cantained herein or therein. If the lien of this Deed of <br />Trust is invalid or unenforceable as to any part of the <br />indebtedness hereby secured or evidenced by the Nate, or if the <br />lien is invalid or unenforceable as to any part of the Property, <br />the unsecured or partially secured portion of such indebtedness <br />shall be completely paid prior to the payment of the remaining and <br />secured or partially secured portion of such indebtedness, and all <br />payments made on such indebtedness, whether voluntary or under <br />foreclosure or other enforcement action or procedure, shall be <br />considered to have been first paid on and applied to the full <br />payment of that portion of such indebtedness which is not secured <br />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 <br />bind, and the benefits and advantages hereaf shall inure to the <br />respective heirs, executors, administrators, successors and <br />assigns of the parties hereto. Wherever used herein, the singular <br />number shall include the plural and conversely, and the use of any <br />gender shall be applicable to all genders. Whe�ever the term <br />"Beneficiary" is used herein, it shall include the legal holder or <br />holders of the Note or the indebtedness secured hereby. <br />SEVENTH Upon written request of Beneficiary stating that <br />all amounts and indebtedness secured hereby have been paid, and <br />upon surrender of this Deed of Trust and the Note to Trustee for <br />the cancellation and retention and upon payment by Trustor of <br />Trustee's tees, Trustee shal.l reconvey to Trustor, or the person <br />or persons legally entitled thereto, without warranty, any portion <br />7 <br />-__ _ _ __ <br />
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