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201300677
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1/29/2013 8:23:47 AM
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1/29/2013 8:23:47 AM
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DEEDS
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201300677
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201300677 <br />Instrument or other agreement or any laws now or hereafter in force, notwithstanding some or all <br />of the such indebtedness and obligations secured hereby may now or hereafter be otherwise <br />secured, whether by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the <br />acceptance of this Deed of Trust nor its enforcement whether by court action or pursuant to the <br />power of sale or other powers herein contained, shall prejudice or in any manner affect Trustee's <br />or Beneficiary's right to realize upon or enforce any other security now or hereafter held by <br />Trustee or Beneficiary, it being agreed that Trustee and Beneficiary, and each of them, shall be <br />entitled to enforce this Deed of Trust and any other security now or hereafter held by Beneficiary <br />or Trustee, in such order and manner as they or either of them may in their absolute discretion <br />determine. No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to <br />be exclusive of any other remedy herein or by law provided or permitted, but each shall be <br />cumulative and shall be in addition to every other remedy given hereunder or now or hereafter <br />existing at law or in equity or by Statute. Every power or remedy given by any of the Loan <br />Instruments to Trustee or Beneficiary or to which either of them may be otherwise entitled, may <br />be exercised, concurrently or independently, from time to time, and as often as may be deemed <br />expedient by Trustee or Beneficiary; and either of them may pursue inconsistent remedies. <br />Nothing herein shall be construed as prohibiting Beneficiary from seeking a deficiency judgment <br />against the Trustor to the extent such action is permitted by law. <br />12. REQUEST FOR NOTICE. Trustor hereby requests a copy of any notice of <br />default, and that any notice of sale hereunder be mailed to her at the address set forth in the first <br />paragraph of this Deed of Trust. <br />13. GOVERNING LAW. This Deed of Trust shall be governed by the laws of the <br />State of Nebraska. In the event that any provision or clause of any of the Loan Instruments <br />conflicts with applicable laws, such conflicts shall not affect other provisions of such Loan <br />Instruments which can be given effect without the conflicting provisions; and to this end, the <br />provisions of the Loan Instruments are declared to be severable. This instrument cannot be <br />waived, changed, discharged, or terminated orally, but only by an instrument in writing signed <br />by the party against whom enforcement of any waiver, change, discharge or termination is <br />sought. <br />14. RECONVEYANCE BY TRUSTEE. Upon written request of Beneficiary stating <br />that all sums secured hereby have been paid, and upon surrender of this Deed of Trust and the <br />Note to Trustee for cancellation and retention and upon payment by Trustor of Trustee's fees, <br />Trustee shall reconvey to Trustor, or the person or persons legally entitled thereto, without <br />warranty, any portion of the Trust Estate then held hereunder. The recitals in such reconveyance <br />of any matters or facts shall be conclusive proof of the truthfulness thereof. The grantee in any <br />reconveyance may be described as "the person or persons legally entitled thereto ". <br />15. NOTICES. Whenever Beneficiary, Trustor, or Trustee shall desire to give or <br />serve any notice, demand, request or other communication with respect to this Deed of Trust, <br />each such notice, demand, request or other communication shall be in writing and shall be <br />effective only if the same is delivered by personal service or mailed by certified mail, postage <br />prepaid, return receipt requested, addressed to the address set forth at the beginning of this Deed <br />of Trust. Any party may at this time change its address for such notices by delivering or mailing <br />to the other parties hereto, as aforesaid, a notice of such change. <br />16. DUE ON SALE. TRANSFER OF PROPERTY. Beneficiary enters into this <br />agreement on responsibility of Trustor and on the basis of the amicable relations which have <br />previously existed between Beneficiary and Trustor with respect to the subject premises. Should <br />Trustor desire to sell or encumber the subject premises or any part thereof, they shall forthwith <br />obtain the consent of Beneficiary to such sale or encumbrance while any sums remain due on the <br />Note secured by this Trust Deed. Should Trustor sell or encumber any part of the subject <br />
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