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. <br /> �,21. RemecliQS Not�xclusive. Truatee nnd Beneficiary,and each of <br /> edneas or Obligntiona secured herob an them,ahall bQ entitled to enforce payment nnd erforman <br /> y d to exor i P ce of nn ind <br /> , c ae all ri ebt- <br /> connecl.ion I�urow�tli or nny lewa now or he�oaRer in force,no w thstanding ome orhall of the s ch indebtedneas and Obligations secu ed he eby <br /> may now or herenRer be otherwise secured,whether by mortgage,deed of trust,pledge,lien,assignment or otherwise.Neither the acceptance of <br /> tliis Deed of Trust nor its enforcement,whether by court action or purauant to the power of sale or other powers herein contained,shall prejudice <br /> or in any mnnner uffect Trustee's or Bene(iciary's right to realize upon or enforce any other security now or hereaRer held by Trustee or <br /> Benelicinry,it being agreed that Trustee nnd BeneGciary,and cach of them,ahall be entitled to enforce this Deed of Trust and any other security � <br /> now or hereaRer held by BenePiciary or Trustee in such order and manner as they or either of them may in their absolute discretion determine. �, <br /> No remedy herein conferred upon ar reserved to Trustee or Beneficiary is intended to be exclusive of any other remedy herein or by law prr,vided � <br /> or permilted,but ench shull be cumulative and shall be in addition to every other remedy given hereunder or now or hereaRer existing at law or � <br /> in equity or by statute.Every power or remedy provided under this Deed of Trust to Trustee or Beneficiary or to which either of 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 /> 13eneficiary nnd either of them may pursue inconsistent remedies, Nothing herein shall be construed as prohibiting Beneficiary from seeking a � <br /> clePciency judgment ngainst the Trustor to the extent auch action is permitted by law. <br /> 22.Trunsfer�C tlio Pr�perty. If all or nn � <br /> oul.iicneficinry's prior written consent(oxcl d ngt(a)he crention of a�urchese money security nterest for household appl a cesY (b)attransCer <br /> by devise, descent or by operntion of law upon the denth of a joint tenant or (c)the granting of any leasehold interest of three(3)years or less W <br /> wliich does no6 contnin nn option to purchase),such action is an event of default under thia Deed of Truat. <br /> 23. Wnrrnnty nnd IndemniPcution Regardin�Hazardoua Substancea. Trustor warranta to Beneficiary and Trustee that the Property is � <br /> free nnd clenr of nq haznrdoua aubatancea and there are no claims or allegationa of the existence of auch hazardous substance in or on the <br /> Property, and there does not now exist any claim for expenses,coata,damages,or losses related to said hazardous substance or the cleanup of <br /> sucli substunces. 1`rustor agrees to indemnify and hold �uatee and Beneficiary harmlesa from any and all claims, suits, losses, damages or <br /> expenses whntsoever,on account of injuries or death of any person,and all losa or destruction of,or damage to,the Property,and any and all eco- <br /> nomic losses, whethor clirect, indirect or conaequential arising or growing out of,or in any manner connected with, the past, preserit ar future <br /> presence of linzardous substances na dePned in the Comprehensive Environmental Responae,Compensation and Liability Act,42 U.S.C. §9601 <br /> et.seq,ns nmended,or nny other atste or federal Iqw now in existence or hereafter existing,relating to the Property.Trustor further n�rees that <br /> it will appenr nnd defend, at its own expense, in tfie name and on behalf of the Trustee or Beneficiary, all claims,actions or suits in whatever <br /> forum,in nny matter arising or growing out of tha alleged presence of any hazardous subatance on the Property referred to herein and for which <br /> the Trustee or Beneficiary,or either of them ia alleged Y�be liable.This indemnification shall aurvive payment in full of the Obligations. <br /> 24. Notices, rxcept for any notices,demands,requests�ar other communications required under applicable law to be given in another manner, <br /> whenever Bene(iciary,Trustor or Truatee givea or aerves any notice(including,without limitation,notice of default and notice of sale),demands, <br /> requests or other communicntion with respect to this Deed of Truat,each auch notice,demand,request or other communication shall be in writing <br /> nnd shall l�e effective only if the snme ia delivered by peraonul service or is mailed by certiGed mail,postage prepaid,addressed to the address as <br /> set forth nt the beginnin�of this Deed of Trust.Any party may at any time change its address for such notices by delivering or mailing to the <br /> other pnrty he�eto, ns aforesuid, n notice of such chan�e. Any notice hereunder shall be deemed to have been given to Trustor or Beneficiary, <br /> when given in the mnnner designnted herein. <br /> 25. Reryuest for Notico. Trustor and Beneficiary hereby request a copy of any notice of default and a copy of any notice of sale thereunder, <br /> wliether such notice of defeult 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 pnrngraph of thia Deed ofTrust for tho Trustor and the F3ene(iciary, <br /> i <br /> 2G. Governing Law. Thia Deed of�Truat shall be governed by thQ laws of the State of Nebraska. <br /> 27. Successors und Assi�ns, This Deed of Trust,and nll terms,conditions and obligationa herein,apply to and inure tn the benefit of and bind <br /> all purties liereto,their heira,le�utees,deviseea,personal representatives,auccessora and assigns.The term"Deneliciary"shall mean the owner <br /> nnd holcicr of the Notc,whether or not named as 13enoficiury herein. <br /> 28. Joint und Scvcrnl Linbility. All covenants and ugreements of Trustor ahall be joint and several. <br /> 29. Sevcrability. In the event any one or more of the provisions contained in this Deed of Trust,or the Note or eny other security instruments <br /> given in connection with this trnnsaction ahall for any reason be held to be invalid,iUegal or unenforceable in any respect,such invalidity,illegal- <br /> ity,or unenforcenbility shall,at the option of Beneficiary,not affect any other provision of this Deed of Trust,but this Deed of Trust ahall 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 part of tho debt,or if the lien ia invalid or unenforceable as to any part of lhe Property, the unsecured or partially <br /> secured parLion of the debt shnll be completely paid prior to the payment of the remaining and aecured or partially aecured portion of the debt, <br /> and nll pnyments mude on the debt,whether voluntary or under foreclosure of ot}ier enforcement action or procedure,shall be considered to have <br /> l�cen lirsL pnicl on nnd npplied to Lhe full pnyment of that portion of the deht which is not aecured or not fully secured by the lien of this Deed of <br /> 'Crust. <br /> 30. Number and Gender. Whenever used herein,tho aingular number shall include the plural,and the use of nny gender shall be applicable <br /> lo nll gendcra. <br /> I WITNGSS WH�R�OF, rustor has executed this Deed of Trust as of the date and year first above written. <br /> . ` <br /> Daniel E. J , as Trustee of the <br /> Daniel E. J ins Revocable Trust <br /> Stnte of KANSAS <br /> � <br /> Countyof SEDGWICK �SS• <br /> ) <br /> The foregoing instrument was acknowledged before me on__$� ' 1 <br /> DanieJ E. �Jenkins , as Trustee of the Danie _ E. Jen ins9Revoca��.e'Ir'us�— <br /> ;-.-..�. � <br /> �EBQR.� '',�. PARSONS <br /> PdOTaHY P BL' Notary Public <br /> �* �Tr�TE�F K � <br /> �",1 �r�.1�,` �'.a.<:, 'xra. <br /> � My commission expires_D2C2mbE?r' 26 , 1998 <br /> (TO BE UST;D Ir TRUSTOR IS A CORPORATION) <br /> Slate of <br /> ) <br /> County of--- )es. <br /> ) . <br /> The foregoing instrument wus acknowledged befo�e me on <br /> of , 19 hY , <br /> a ' <br /> • Corporation,on behalf of the Corporation, <br /> Notary Public <br /> M.............'-•-- -- ' . ' <br />