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98104676
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3/12/2012 1:29:12 PM
Creation date
10/19/2005 5:58:34 PM
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DEEDS
Inst Number
98104676
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9�— �����s�s <br /> powe�s herein contained, shall prejudice or in any manner affect Trustee's or the Beneficiary's right to realize upon or enforce any <br /> other s�;•curity now or hereafter held by Trustee or the Beneficiary, it being agreed that Trustee and the Beneficiary, and each of <br /> Phem h 11 <br /> , s a be entitled to enforce this Deed of Trust and an other securi now or h r <br /> y ty e eafter held by the Beneficiary or Trustee m <br /> such order and manner as they may in their absolute discretion determine. No remedy herein confened upon or reserved to Trustee <br /> or Beneficiary is intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative <br /> and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or equity or by statute. Every <br /> po«�er or remedy given by any of the loan instruments to Trustee or the Beneficiary or to which either of them may be othenvise <br /> ecititled may be e�ercised, concurrently or independently, from time to time and as often as may be deemed expedient by Trustee or <br /> Beneficiary, and either of them may pursue inconsistent remedies. Nothing herein shall be construed as prohibiting the Beneficiary <br /> from seeking a deficiency judgment against Trustors to the extent such action is permitted by law. <br /> 1�. Trustors hereby request a copy of any notice of default and that any notice of sale hereunder be mailed to Trustors at the <br /> address set forth in the first paragraph of this Deed of Trust. <br /> 15. The Beneficiary may, by a written instrument eYecuted and acknowledged by Beneficiary, mailed to Trustors and recorded in <br /> the County in which the property is located and by othenvise complying with the provisions of the applicable law of the State of <br /> Nebraska, substitute a successor to the Trustee named herein or acting hereunder. <br /> 16. This Deed of Trust applies to and im�res to the benefit of and binds all parties hereto, their heirs, personal representatives, <br /> successors and assigns. The term "Beneficiary" shall mean the owner and holder of the note, whether or not named as Beneficiary <br /> herein. <br /> 17. Without affecting the liability of any other person liable for the payment of any obligation herein mentioned, and without <br /> affecting the lien or charge of this Deed of Trust upon any portion of the property not then or theretofore released as security for the <br /> full payment of all unpaid obligations, the Beneficiary may, from time to time and without notice: (a) release any persons so liable; <br /> (b) extend the maturity or alter any of the terms of any such obligation; (c) grant other indulgences; (d) release or reconvey at the <br /> Beneficiary's option any parcel, portion or all of the property; (e) take or release any other or additional security for any obligation <br /> herein mentioned: or(t�make compositions or other anangements with debtors in relation thereto. <br /> 18. This Deed of Trust shall be governed by the laws of the State of Nebraska and, in the event any one or more of the provisions <br /> contained herein. or the note or any other security instrument given in connection with this transaction shall be for any reason held <br /> to be invalid, illegal or unenforceable, in any respect, such invalidity, illegality or unenforceability shall not affect any other <br /> pro��isions of this Deed of Trust, but the Deed of Trust shall be construed as if such invalid, illegal or unenforceable provision had <br /> ne��er been contained herein or therein. <br /> 19. Any fcrbearance by the Beneficiary or Trustee in e!�er�ising any right or remedy hereunder, or othenvise afforded by <br /> applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy hereunder. Likewise, the waiver by the <br /> Beneficiary or Trustee of any default of the Trustors under this Deed of Trust shall not be deemed to be a waiver of any other or <br /> similar default subsequently occurring. <br /> 20. Upon the written request of the Beneficiary stating that all sums secured hereby have been paid, and upon surrender of this <br /> Deed of Trust and the note to the Trustee for cancellation and retention and upon payment by Trustors of Trustee's fees, Trustee shall <br /> recom�e�� to Trustors, or the person or persons legally entitled thereto, without wananty, any portion of the property then held <br /> hereunder. Recitals in such reconveyance of any matters or facts shall be conclusive proof of the truthfulness thereof. Grantees in <br /> the recom�e}�ance ma}�be described as the"person or gersons legally entitled thereto." <br /> IN WITNESS WHEREOF, Trustors have executed this Deed of Trust on the date first noted above. <br /> RADLEY STUTZMAN <br /> ,�'f � �1 � � <br /> � ° � ' J <br /> ;, <br /> STATE OF NEBRASKA) CRYSTA STUTZMAN <br /> ) SS <br /> COUNTY OF HALL ) <br /> The foregoing instrument was acknowledged before me on May 15, 1998, by BRADLEY STUTZMAN <br /> and CRYSTAL STUTZMAN, husband and wife. , <br /> ...._,........_ �(J_� � . <br /> �GENERAL NOTARY•StOt!Of NSbr7sIU 7�Y� <br /> IRVIN BA D !'�o0 1 NOTARY PUBLIC <br /> �'°-�My Comm. Exp. <br />
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