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. . , Y'�-_. �C_���1�� <br /> required to be paid, (3) All obligations secured by this Deed of Trust, (4) The <br /> remainder, if any, to the person legally entitled thereto. <br /> 9. Remedies Not Exclusive. The remedies provided in this Agreement shall <br /> not be exclusive. Upon the default of the Trustor, the Beneficiary may seek <br /> relief by any legal ar equitable means. The Beneficiary may seek to enforce <br /> the agreements here made in such order and manner as Beneficiary sees fit. No <br /> remedy is intended to be exclusive but each shall be cumulative. Every power <br /> or remedy under the Deed of Trust to the Trustee or Beneficiary or to which <br /> either of them may otherwise be entitled by law may be exercised concurrently <br /> or independently as often as deemed necessary by the Trustee or the Beneficiary <br /> or either of them and either of them may pursue inconsistent remedies. The <br /> Beneficiary or Trustee may proceed to pursue a deficiency judgment against the <br /> Trustor to the extent such action is permitted by law. <br /> 10. Transfer of the Property; Assumption. No part of the property or <br /> interest therein may be sold within 10 years of the date of the deed, <br /> transferred or otherwise conveyed by Trustor, unless full payment is made upon <br /> note secured by this Deed of Trust, excluding (a) the creation of a lien or <br /> encumbrance subordinate to this Deed of Trust; or (b) a transfer by devise, <br /> descent or by operation of law upon the death of the Trustor; such action is a <br /> breach of this agreement, and Beneficiary may, at Beneficiary's option declare <br /> all sums secured by this Deed of Trust to be immediately due and payable, or <br /> cause the Trustee to file a notice of default. <br /> 11. Forbearance by Beneficiary and Waiver. Any forbearance by Beneficiary <br /> to Trustee, Trustor or anyone, in exercising any right or remedy hereunder, or <br /> otherwise afforded by applicable law, shall not be a waiver of or preclude the <br /> exercise of any such right or remedy hereunder. Likewise, the waiver by <br /> Beneficiary to Trustee of any default of Trustor under this Deed of Trust shall <br /> not be deemed to be a waiver or any other or similar defaults subsequently <br /> occurring. No waiver shall be construed against the Beneficiary unless such <br /> waiver shall be express and in writing signed by the Beneficiary. <br /> 12. Beneficiary's Powers. The Beneficiary will cause to be released, the <br /> entire amount secured by this Deed of Trust, after the 10 year term has <br /> expired, beginning from the date of the Deed, provided all other terms and <br /> conditions of this Deed have been fulfilled. Beneficiary may, in its sole <br /> discretion (i) inspect the premises at any reasonable time (ii) require such <br /> additional security as may be reasonable; and (iii) substitute the Trustee <br /> herein with any person, entity, or corporation qualified so to act. The <br /> attorneys of the Beneficiary or one of them may now or subsequently be <br /> designated the Trustee herein and may perform for the Beneficiary duties as <br /> counsel and Trustee. All Trustors shall be jointly and severally obligated and <br /> bound by the actions of the Beneficiary or the Trustor as herein stated. <br /> 13. Attorney's fees, Costs, and Expenses. Trustor agrees to pay all fees, <br /> costs, and expenses including attorney's fee expended by the Beneficiary or the <br /> Trustee to collect any sums due hereunder or enforce this agreement. Such sums <br /> shall be deemed an advancement to protect the security when paid by the <br /> Beneficiary. Provided further, however, that this section does not apply to <br /> the Trustee fee referred to in paragraph 8.1.B. <br /> 14. Reconveyance by Trustee. Upon written request of the Beneficiary <br /> stating that all conditions of this note have been met, and upon surrender of <br /> this Deed of Trust and the notes to the Trustee for cancellation and retention <br /> and upon payment by the Trustor of the Trustee's fees, the Trustee shall <br /> reconvey to the Trustor, or the person or persons legally entitled thereto, <br /> without warranty, any portion of the property then held hereunder. The <br /> recitals and such reconveyance of any matters or facts shall be conclusive <br /> proof of the truthfulness thereof. The Grantee in any reconveyance may be <br /> described as "the person or persons legally entitled thereto. " <br /> 15. Notices. <br /> 15.1 Notice as required by the Nebraska Trust Deeds Act shall be given. <br /> Except as provided herein and wherever permissible by law Trustors waive <br /> notice. Notice may be sent to the parties at their address as listed in this <br /> agreement or as otherwise changed. All notices required herein shall be in <br /> writing. Any party may at any time change it's address for such notices by <br /> delivering or mailing to the other parties hereto, a notice of such change. <br /> Any notice hereunder shall be deemed to have been given when placed within the <br /> U.S. Mails, postage prepaid, addressed to the address of the party as listed <br /> herein or as properly changed. <br /> 15.2 Trustor, Beneficiary, and Trustee request that a copy of any notice <br /> provided hereunder, provided according to applicable law or provided by the <br /> terms of any other security agreement covering the security herein, be mailed <br /> to them at the address provided above. <br /> 16. This Deed of Trust shall be governed by the laws of the State of <br /> Nebraska. <br /> 17. Acceptance by the Trustee. The Trustee accepts this trust when this <br /> Deed of Trust, duly executed and acknowledged, is made a public record, as <br /> provided by law. <br />