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�Q��U4790
<br />Trustor and Trustor's successor in interest. Beneficiary shall not
<br />be required to commence proceedings against such successor or
<br />refuse to extend the time for payment or otherwise modify amortiza-
<br />tion of the sums and indebtedness secured by this Deed of Trust by
<br />reason of any demand made by the original Trustor and Trustor's
<br />successors in interest; (h) without affecting the lia.bility of the
<br />Trustor or any other person liable for the payment of the obliga-
<br />tions and indebtedness secured by this Deed of Trust, and without
<br />af fecting the lien or charge of this Deed o� Trust upon any portion
<br />of the Property not then or theretofore released as security for
<br />the full amount of all unpaid obligations, Beneficiary may, from
<br />time to time and without notice (i) release any person so liable,
<br />(ii) extend the maturity or alter a.ny of the terms of 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 or all of the Property,
<br />(v) take or release any other or additional security for any
<br />obligation or indebtedness herein mentioned, or (vi} make composi-
<br />tions or other arrangements with debtors in relation thereto; (i)
<br />in addition to the rights and powers given to �he Trustee and
<br />Beneficiary herein, the Beneficiary shall have all such other
<br />rights both in 1aw and equity for coll.ection of the indebtedness
<br />secured hereby as it would have but for this Deed of Trust; (j ) all
<br />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
<br />governed by the laws of the State ot Nebraska; (1) in the event any
<br />one or more of the provisions contained in this Deed of Trust, or
<br />the Note or any other security instrument given.in connection with
<br />the indebtedness hereby secured shall for any reason be held to be
<br />invalid, illegal or unenforceable in any respect, such invalidity,
<br />illegality, or unenforceability shall, at the option of Beneficia-
<br />ry, not affect any other provision of this Deed of Trust, but this
<br />Deed of Trust shall be construed as if such invalid, illegal, or
<br />unenforCeable provision had never been contained herein or therein.
<br />If the lien of this Deed of Trust is invalid or unenforceable as to
<br />any part of the indebtedness hereby secured or evidenced by the
<br />Note, or if the lien is invalid or unenforceable as to any part of
<br />the Property, the unsecured or partial.ly secured portion of such
<br />indebtedness shall be completely paid prior to the payment of the
<br />remaining and secured or partially secured portion of such
<br />indebtedness, and all paymen�s made on such indebtedness, whether
<br />voluntary or under foreclosure or other enforcement action or
<br />procedure, shall be considered to have been first paid on and
<br />appl.ied to the full. payment of that portion of such indebtedness
<br />which is not secured or not fully secured by the lien of this Deed
<br />of Trust; and (m) the covenants and agreemen.ts contained in this
<br />Deed of Trust shall bind, and the benefits and advantages hereof
<br />shal.l inure to the respective heirs, executors, administrators,
<br />successors and assigns of the parties hereto. Wherever used
<br />herein, the singular number shall include the plural and converse-
<br />ly, and the use of any gender shall be applicabl,e to all genders.
<br />Wherever the term "Beneficiary" is used herein, it shall include
<br />the legal holder or holders of the Note or the indebtedness secured
<br />hereby.
<br />SEVENTH. Upon written request of Beneficiary stating that all
<br />amounts and indebtedness secured hereby have been paid, and upon
<br />surrender of this Deed of T�uSt and the Note to Trustee for the
<br />cancellation and retention and upon payment b�r Trustor of Trustee' s
<br />fees, Trustee shall reCOnvey to Trustor, or the person or persons
<br />legally entitled thereto, without warranty, any portion of the
<br />Property then held by Trustee hereunder. The recitals in such
<br />reconveyance of any ma�ters or facts shall be conclusive proof of
<br />the truthfulness thereof. The grantee of any reconveyance may be
<br />described as "the person or persons legally entitled thereto."
<br />EIGHTH. Except for any n.otices, demands, requests or other
<br />communications required under applicable law to be given in another
<br />manner, whenever Beneficiary, Trustor or Trustee gives or serves
<br />any notice (inclla.ding, without limitation, notice of default and
<br />notice of sale), demands, requests or other communications with
<br />respect ta this Deed of Trust, each such notice, demand, request or
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