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•� ., � -RECO� �� . � 2 0� 10 4 9:l � 20�1�5534 discretion of Beneficiary, and Beneficiary shall not, for any reason or to any extent, be required to grant such approval or consent or exercise such judgment in any particulaz manner, regardless of the reasonableness of either the request or Beneficiary's judgment, and (ii) no approval or consent of Beneficiary shall be deemed to have been given except by a specific writing intended for the purpose and executed by an authorized representative of Beneficiary. Section 6.17 Trustor. Unless the context cleazly indicates otherwise, as used in this Deed of Trust, "Trustor" means the Trustor named in the appeazance clause of this Deed of Trust or any of them. T'he obligations of Trustor hereunder shall be joint and several. If any Trustor, or any signatory who signs on behalf of any Trustor, is a corporation, partnership or other legal entity, Trustor and any such signatory, and the person or persons signing for it, represent and warrant to Beneficiary that this instrument is executed, acknowledged and delivered by Trustor's duly authorized representarives. If Trustor is an individua.l, no power of attorney granted by Trustor herein shall terminate on Trustor's disability. Section 6.18 Successors and Assigns. The terms, provisions, covenants and conditions hereof shall be binding upon Trustor, and the heirs, devisees, representarives, successors and assigns of Trustor, and shall inure to the benefit of the Beneficiary, its successors and assigns, and shall constitute covenants running with the Land. All references in this Deed of Trust to Trustor shall be deemed to include all such heirs, devisees, representa.tives, successors and assigns of Trustor. Section 6.19 Modification or Termination. The Credit Documents may only be modified or terminated by a written instrument or instruments intended for that purpose and executed by the pariy against which enforcement of the modification or temunation is asserted. Any alleged modification or termination which is not so documented shall not be effective as to any party. Section 6.20 No Partnership, etc. The relationship between Beneficiary and Trustor is solely that of Beneficiary and Trustor. Beneficiary has no fiduciary or other special relationship with Trustor. Nothing contained in the Credit Documents is intended to create any partnership, joint venture, association or special relationship between Trustor and Beneficiary or in any way make Beneficiary a co-principal with Trustor with reference to the Mortgaged Property. All agreed contractual duties between or among Beneficiary and Trustor are set forth herein and in the other Credit Documents and any additional implied covenants or duties are hereby disclaimed. Any inferences to the contrary of any of the foregoing aze hereby expressly negated. Section 6.21 Power of Attorney. Trustor hereby appoints Beneficiary as its attomey-in-fact and upon any default hereunder authorizes Beneficiary to endorse Trustor's name on all instruments and other documents pertaining to the Obligations. In addition, Beneficiary shall be entitled, but not required, to perform any action or execute any document required to be taken or executed by Trustor under this Deed of Trust. Beneficiary's performance of such action or execurion of such documents shall not relieve Trustor from any Obligation or cure any default under this Deed of Trust. The powers of attorney described in this action are coupled with an interest and are irrevocable. Section 6.22 Collection Costs. If Beneficiary hires an attorney to assist in collecting any amount due or enforcing any right or remedy under this Deed of Trust, Trustor agrees to pay Beneficiary's reasonable attomey fees and collection costs, including, but not limited to, costs incurred for copying, title reports, surveys, ritle absttact and all other costs incurred by Beneficiary in collecting the debt. Section 6.23 Partial Release. Beneficiary directly (and without joinder of Trustee) or the Trustee upon written direction from the Beneficiary may release its interest in a portion of the Mortgaged Properly by executing and recording one or more partial releases without affecting its interest in the remaining portion of the Mortgaged Property. Section 6.24 Applicable Law. TI� LAWS OF THE STATE OF NEBRASKA (EXCLUSIVE OF ITS CONFLICT OF LAW PRINCII'LES) SHALL GOVERN TI� VALIDITY, ENFORCEABILITY, INTERPRETATION AND CONSTRUCTION OF ALL OF TI� PROVISIONS OF THIS DEED OF TRUST AND 'TI� OTI�R CREDIT DOCUMENTS AND ALL ISSUES HEREUNDER AND THEREUNDER, INCLUDING DOCS/1045503.1 19