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�: g�.. zc�z�oo the �.�wer and procedure provided for by law for the substitution of a Trustee or Trustc�es in t e place of the Trustee or Trustees named herein. 17. Forbearance by Beneficiary or Trustee Not a Waiver. A forbearance by Beneficiary or Trustee in exercising any right or remedy hereunder, or otherwise afforded by applicable law shall not be a waiver of or preclude the exercise of any right or remedy hereunder. Likewise, the waiver by Beneficiary or Trustee of any default of Trustor under this Deed of Trust shall not be deemed to be a waiver of any other or similar defaults subsequently occurring. 18. Trustor Not Released. Extension of the time for payment or modification or amortization of the sums secured by the Deed of Trust granted by Beneficiary to any successor in interest of Trustor shall not operate to release, in any manner, the liability of the original Trustor and Trustor's successor in interest. Beneficiary shall not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the sums secured by the Deed of Trust by reason of any demand made by the original Trustor and Trustor's successors in interest. 19. Option to Foreclose. Upon the occurrence of any default hereunder, Beneficiary shall have the option to foreclose this Deed of Trust in the manner provided by law for the foreclosure of mortgages on real property. 20. Trustor's Rights, Absent Default. Until any default in the payrnent of indebtedness hereby secured, or until the breach of any covenant herein contained the Trustor, its successors and assigns, shall possess and enjoy the property and receive the rents and profits therefrom. Upon payment of all sums secured by this Deed of Trust, Beneficiary shall request Trustee to reconvey the property and shall surrender this Deed of Trust and all notes and Loan Agreements evidencing indebtedness secured by the Deed of Trust to Trustee. Trustee shall reconvey the property without warranty and without charge to the persons legatly entitled thereto. The Grantee in any reconveyance may be described as "the person or persons entitled thereto", and the recitals therein of any matters or facts shall be conclusive proof of the truthfulness thereof. Such person or persons shall pay all costs of recording, if any. 21. Transfer of the Property; Assumption. If all or any part of the Property or an interest therein is sold or transferred without Beneficiary's prior written consent, except as otherwise provided by law, Beneficiary may, at Beneficiary's option, declare all the sums secured by this Deed of Trust to be immediately due and payable. Beneficiary shall have waived such option to accelerate if, prior to the sale or transfer, Beneficiary and the person to whom the Property is to be sold or transferred reach agreement in writing that the credit of such person is satisfactory to Beneficiary and that the interest payable on the sums secured by the Deed of Trust, shall be as such rate as Beneficiary shall request. If Beneficiary has waive the option to accelerate provided in this Paragraph 21, and if Trustor's successor in interest has executed a written assumption agreement accepted in writing by Beneficiary, Beneficiary shall release Trustor from all obligations under this Deed of Trust and the Loan Agreement. If Beneficiary exercises such option to accelerate, Beneficiary may invoke any remedies permitted by the Deed of Trust. 22. Request for Notice. The Trustor request that a copy of any notice of default and of any notice of sale hereunder be mailed to Trustor at the address hereinbefore set forth. IN WITNESS WHEREOF, the Trustor has executed this Deed of Trust the day and year first above written. � � �i� / ) � �L •"ZL�7'� �� -�•�?�'�V � ? c-2� - _� ANTHONY L RCH DATE H ESA R BIRCH DATE � / STATE OF NEBRASKA) SS: COUNTY OF �L � Before me, a Notary Public qualified for said County, personally came �Txornr L BIRCH Arrn THERESA R BIRCH, HUSBAND AND WIFE known to me to be the identical person(s) who signed the foregoing instrument and acknowledged the execution thereof to be his/her/their voluntary act and deed. Witness my hand and Notarial Seal this 2oTx day of 1�ttcx 1998 � , II GENERAI NOTAR'l•State ol NeDqska (..�°�J � � ,[� +v CHRIS L.KASKIE � �� My Comm.Eap.Det.29,2000 Notary Public My Commission Expires: `� y, „ � . 9/94 408-4