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21. RemBclies Not�xclusive. Trustee und Beneficiary,and each of them,shall be entitled to enforce payment and performance of any indebt- <br /> eJness nr Obligntiona secured hereby and to exercise all rights and powers under this Deed of Trust or under nny other agreement executed in <br /> conrection herewith or any lawa now or hereaRer in force,notwithstanding aome or all of the such indebtedness and Obligations secured hereby <br /> may now or hereaRer be otherwise aecured,whether by mortgage,deed of trust,pledge,lien,assignment or otherwise. Neither the acceptance of ' <br /> this Deed of Trust nor its enforcement,whether by court action or pursuant to the power of sale or other powers herein contained,shall prejudice <br /> or in nny mnnner nffect Trustee's or Beneliciary's right to realize upon or enforce any other security now or hereaRer held by Trustee or ' <br /> Beneficinry,it being agreed thnt Trustee und Benef►ciary,and each of them,ahall be entitled to enforce this Deed of Trust and any other security �� <br /> now or hereatter held by Beneficiary or Truatee in such order and manner as they or either of them may in their absolute discretion determine. <br /> No remedy herein conferred upon or reserved to Trustee or Beneticiary is intended to be exclusive of any other remedy herein or by law provided � <br /> nr permiLted,hut each shnll Ue cumulative nnd ahall be in addition to every other remedy given hereunder or now or hereafter existing at►aw or � ' <br /> in equity or by statute.Every power or remedy provided under this Deed of Trust to Truatee or Beneficiary or to which either ot them may be oth• ' <br /> erwise entitled, may be exercised, concurrently or independently, from time to time and as oRen as may be deemed expedient by Trustee or <br /> 13enePiciary und either of them may pursue inconsistent remedies. Nothing herein ahall be construed ns prohibiting Beneficiary from seeking a � <br /> deficiency judgment agninst the Trustor to the extent auch action ia permitted by law, b,;. <br /> 22.Trunsfer of tho Property. If all or uny pnrt of Lho Property or intcrest therein is sold,transferred or otherwise conveyed hy Trustor with- � <br /> oul I3eneficinry's prior wriCten consent(excluding (a)the crention of a purchase money security interest for household appiiances, (b)a transfer � <br /> by devise,descent ar by operntion af law upon the denth of a joint tenant or (c)the granting of any leasehold interest of three(3)years or less W <br /> which docs nol contnin nn option to purchnse),such action ia an event of defnult under thia Deed of Trust. � <br /> 23. Warrnnty nnd Indemni�cution ftegarding Hazardous$ubatuncea. Trustor warrants to Beneficiary and Trustee thut the Property is <br /> free nncl clenr of nll hnzArdous subatancQa and there are no claima or alle�atione of the existence of such hazn�dous auUstnnce in or on the <br /> Property, nnd thero does not now exiat eny claim for expenses, costs,demagea,or lossea related to said hazardoua substance or the cleanup of ' <br /> such substnncea. Trustor agrees to in�demnify and hold 'I�ustee and Beneficiary harmless from any and all claima, auits, losses, damages or ' <br /> expenses whutsoover,on nccount of injuriea or doath of any peraon,and all loas or deatruction of,or damage to,the Property,and any and all eco- ' <br /> nomic losses, whether direct, indirect or consequential arisin�or growin�out of,or in any manner connected with, lhe past, preserit or future ' <br /> presence of hs►zardoua aubstances na definod in tha Comprehensive Environmental Reaponse,Compensation and Liability Act,42 U.S.C. §9601 <br /> et.seq.ns umended,or nny other state or federal lqw now in exiate�ce or hereaRer existing,relating to the Property.Trustor further a�rees that <br /> it will nppeur nnd dofend, nt its own expena0, in tfie name nnd on behalf of the Trustee or Beneficiary,all claima,actiona or suits in whatever ' <br /> forum,in nny matter nrisin�or growin�out of the alleged presence of any hazardoua eubatance on the Property referred to herein end for which <br /> the Trustee or Beneficiury,or either of them is nlleged to�be liable.This indemnification ahall aurvive payment in full of the Obligations. <br /> 2�. Noticea. rxcept for nny notices,demands,requests�ar other communications required under applicable law to be given in another manner, <br /> whenever Beneficiary,Trustor or Truatea gives or serves any notice(including,without limitation,notice of default end notice of sale),demands, ' <br /> requests or other communicotion with respect to this Deed of Truat,each such notice,demand,request or other communication shall be in writing ' <br /> nnd shnll he e(1''ective only if the snme ia delivered by peraonul aervice or is mailed by certified mail,postage prepaid,addreased to the address as ' <br /> set forth at lhe be�inning of this Deed of Truat.Any party may at any time change its address for auch notices by delivering or mailing to the <br /> other pnrty hereto, ns aforesuid, n notice of auch chon�e. Any notice hereunder ahall be deemed to have been �iven to Trustor or I3eneficiary, ' <br /> when given in the mnnner desi�nnted herein. <br /> 25. Reryuest for Notice. R�ustor and Benefciary hereby request a copy of any notice of default and a copy of any notice of sale thereunder, <br /> whether si�ch notice of default and notice of salo is given pursuant to the terma of this or any other deed of trust,be mailed to them at the address <br /> set forLh in the first purngrnph of this Deed ofTrust for tho Trustor and the F3eneficiary. . <br /> 2G Govcrning Law. This Deed of Trust ahall be governed by tho laws of the State of Nebraska. <br /> 27. Successors nnd Asslb►na. This Deed of Trust,and nll terma,conditions and obligationa herein,apply to and inure to the henefit of and bind <br /> all pnrties heroLo,thoir heirs,Ieguteea,deviseea,personal representatives,successors and assigns.The term"I3ene(iciary"shal! mean the owner <br /> nnd holder�f lhe Note,whether or not nnmed as I3eneficiury herein. <br /> 28. Joint und Severul Liubility. All covenants and ngreements of Trustor shall be joint and several. <br /> 29. Severnbility. In the event any one or more of the provisions contained in this Deed of Trust,or the Note or any other security instruments <br /> given in connection with this transaction ahall for any reason be held to be invalid,illegal or unenforceable in any respect,such invalidity,illegal• <br /> ity,or unenforcenbility shall,at the option of IIeneficiary,not af1'ect any other provision of this Deed of Trust,but this Deed of Trust shall be con- <br /> strucd as if such invnlid,illegal,or unenforceable proviaion had never been contained herein or therein.If the lien of this Deed of Trust is invalid <br /> or unenforcenl�le ns to nny pnrt of lho debt, ar if the lien ia invalid or unenforceable as to any part of lhe Property, the unsecured or pertially <br /> secured porlion of lhe debt shull be completely paid prior to the payment of the remaining and aecured or partially secured portion of the debt, <br /> and nll pnymenta made on the debt,whether voluntary or under forecloaure of ot}ier enforcement action or procedure,shall be considered to have <br /> been firtiL pnicl on und npplied to lhe full puyment of that portion of the deht which is not secured or not fully secured by the lien of this Deed of ' <br /> '1'rusL. <br /> 30. Niimber und Gender. Whenever used herein,tho ain�ular number shall include the plural,and the use of any gender shall be applicable ' <br /> lo nll gendera. <br /> IN WITN�SS WH� ,Trustor executed this Deed of Trust as of the date and year first above written. <br /> F. F. Lync , as Trustee of the <br /> F. F. e L ch Re o able �ust <br /> State of KANSAS � <br /> SEDGWICK �$$' ' <br /> County of � <br /> The foregoing instrument was acknowledged before me on A r i J_ 13 �9$�b <br /> F.F. Lynch , as Trustee of t e F.F. z e ync evoca� .ae—Trus <br /> .�� � , <br /> �EE;?�''' A. PARSONS � <br /> �a�?T�IiY P �8L' : <br /> �7; �-��>� Q Notary Public <br /> ,�,� ',�.#�,;�.My�o : ��:xa/�,��� <br /> ,«. <br /> My commission expires December 26 , 1998 <br /> , (TO BE USrD II'TRUSTOR IS A CORPORATION) <br /> SLate of � <br /> )ss. <br /> County of_._ � <br /> The fnregoing instrument wns acknowledged before me on , 19 by <br /> of , <br /> a , <br /> Corporation,on behalf of the Corporation. <br /> Notary Public <br /> My commission expires '• <br />