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03-26-1998 DEED OF TRUST _ Page 6 Loan No 684084 (Continued) (�R— '1�13�1 i R �hall be�ovemed by snd construed In accordance with the laws of the State ot Nebreska. Caption Headinys. Caption headings in this Deed of Trust are for convenience purposes only and ere not to be used to interpret or deflne the provisions of this Deed oi Trust. Meryer. There shall be no merger of the interest or estate created by this Deed of Trust wiih any other interest or estate in the Property at any time held by or fw the benefit of Lender in any capacity,without the written consent of Lender. Multiple Parties. All obligations of Trustor under this Deed of Trust shall be joint and several,and all references to Trustor shall mean each and every Trustor. This means that each of the persons signing below is responsible for all obligaHons in this Deed of Trust. Severability. If a court of competent jurisdiction finds any provision of this Deed of Trust to be invalid or unenforceable as to any person or circumstance, such finding shall not render that provision invalid or unenforceable as to any other persons or circumstances. If feasible, any such offending provision shall be deemed to be modiNed to be within the limits of enforceabflity or validity; however,if the offending provision cannot be so modified,it shall be sMcken and all other provisions of this Deed of Trust in all other respects shall remain valid and enforceable. Successors and Asslyns. SubJect to the Iimitations stated in this Deed of Trust on transfer of Trustor's interest, this Deed of Trust shall be binding upon and inure to the benefit of the parties, their successors and assigns. If ownership of the Property becomes vested in a person other than Trustor, Lender, without notice to Trustor, may deal with Trustor's successors with reference to this Deed of Trust end the Indebtedness by way of forbearance or extension without releasfng Trustor from the obliflaHons of this Deed of Trust or UabiAfy under the Indebtedness. Time is of the Essence. Time is of the essence in the performance o(this Deed of Trust. Waivers and Conaenfs. Lender shall not be deemed to have waived eny rights under this Deed of Trust (or under the Related Dxuments) unless such waiver is in writing and signed by Lender. No delay or omisslon on the part of Lender in exercising any►Ight shall operate as a waiver of such right or any other right. A waiver by any party of a provision of this Deed of Trust shaii not constltute a waiver of or prejudice the party's�ight othervvise to demand sMct compliance with that provisfon or any oiher provision. No prior waiver by Lender, nor any course of dealing between Lender and Trustor, shall consiftute a waiver of any of Lender's rights or any of Trustor's obligations as to any }uture transactions. Whenever consent by Lender is required in this Deed of Trusi,the granting o(such consent by Lender in any Instance shall not constitute continuing consent to subsequent instances where such consent is required. Waiver of Homestead Exemptlon. Trustor hereby releases and waives all rights and beneNts of the homestead exemption laws of the State of Nebraska as to all Indebtedness secured by this Deed of Trust. EACH TRUSTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST,AND EACH TRUSTOR AGREES TO ITS TERMS. TRUSTOR: O.H.H. . TNERS IP By: �� K.C. E,Gen ral Partner D L HEHNKE,Gen ral Partner By. By. . JA O'HARA,General Partner P ICK J O' A,General Partner PARTNERSHIP ACKNOWLEDGMENT STATE OF �C� � � �� )S8 COUNTY OF N I��- � On this�day of liv�W,2C�-� 19�� before me,the undersigned Notary Public, personally appeared K.C.HEHNKE, General Partner of O.H.H.O.PARTNERSHIP; GERALD L HEHNKE,General Partner of O.H.H.O.PARTNERSHIP;JACK D L O'HARA,General Partner of O.H.H.O.PARTNERSHIP;and PATRICK J O'HARA,General Partner ot O.H.H.O.PARTNERSHIP,partners or desiynated apenls of O.H. H.O. PARTNERSHIP, and known to me to be pariners or designated agents of the partnership that executed the Deed of Trust and acknowledged the Deed of Trust to be the free and voluntary act and deed of ihe partnership,by author(ty of statule or its Partnership Agreement,for the uses and purposes therein mentioned,and on oath stated that they are suthorized to execute this Deed of Trust and in fact executed the Deed of Trust on behalf of ihe pa�tnership. By II GENERAI NOIARY•State ol Nebr�sk� Notary Public in and io the S te ot DICK D.NIETFELD My Comm.Exp.Jan.20,2001 Residing at My commission explres "�5. 3*_., �.