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201108738
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201108738
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Last modified
11/22/2011 9:06:25 AM
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11/22/2011 9:06:24 AM
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DEEDS
Inst Number
201108738
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20110873� <br />Beneficiary to any successor in interest of Trustor shall not <br />operate to release, in any manner the liability of the original <br />Trustor and Trustor's successor in inte�est. 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 liability 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 />affecting the lien or charge of this Deed of 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 any 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 the Trustee and <br />Beneficiary herein, the Beneficiary shall have all such other <br />rights both in law and equity for collection 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 of 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 partially 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 payments 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 />applied 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 agreements contained in this <br />Deed of Trust shall bind, and the benefits and advantages hereof <br />shall 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 applicable 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 Trust and the Note to Trustee for the <br />cancellation and retention and upon payment by 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 matters 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 notices, 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 (including, without limitation, notice of default and <br />
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