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its option, either before, contemporaneously with, or after the sale is made hereunder, and on any default of Trustor, Beneficiary may, at <br />its option, offset against any indebtedness secured hereby, and the Beneficiary is hereby authorized and empowered at its option, without <br />any obligation so to do, and without affecting the obligations hereof, to apply toward the payment of any indebtedness of the Trustor to <br />the Beneficiary any and all sums of money of Trustor which Beneficiary may have in its possession or under its control, including <br />without limiting the generality of the foregoing, any savings account, deposit, investment certificate, escrow or trust funds. <br />25. Acknowledgment: Trustor agrees and acknowledges that prior to the execution of this Deed of Trust, Trustor did <br />acknowledge in writing and hereby confirms again that (a) this Deed of Trust is not a mortgage, but a Deed of Trust, (b) that the power <br />of sale provided for herein provides substantially different rights and obligations for trustor than a mortgage in the event of a default or <br />breach of any obligation hereunder, and (c) the aforementioned written acknowledgement was executed prior to the execution of this <br />Deed of Trust. <br />26. Law Applicable: That this Deed of Trust shall be construed according to the laws or the State of Nebraska. <br />27. Illegality: In the event that any provision or clause of this Deed of Trust conflicts with applicable law, such conflict shall not <br />affect other provisions of this Deed of Trust which can be given effect without the conflicting provision and to this end the provisions of <br />this Deed of Trust are declared to be severable. <br />28. General Provisions: (a) This Deed of Trust applies to, inures to the benefit of, and binds all parties hereto, their heirs, <br />legatees, devisees, administrators, executors, successors and assigns. (b) The term "Beneficiary" shall mean the owner and holder <br />(including a pledgee) of any note secured hereby, whether or not named as Beneficiary herein. (c) Wherever the context so requires, the <br />masculine gender includes the feminine and neuter, the singular number includes the plural, and vice versa. (d) Captions and paragraph <br />headings used herein are for convenience only, are not a part of this agreement, and shall not be used in construing it. If more than one <br />person is named herein as Trustor, each obligation of Trustor shall be the joint and several obligation of each such person. The rights or <br />remedies granted hereunder, or by law, shall not be exclusive, but shall be concurrent and cumulative. <br />29. TRUSTEE ACCEPTS this Trust when this Deed of Trust, duly executed and acknowledged, is made a public record as <br />provided by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or any action or <br />proceeding in which Trustor, Beneficiary or Trustee shall be a party, unless brought by Trustee. <br />30. Address for Mailing Notices: Trustor hereby requests that a copy of any notice of default and a copy of any notice of sale <br />hereunder shall be mailed to each person itemized below at the address indicated: <br />511 East 12th Street Wood River, NE 68883 <br />31. Trustors acknowledge that they have executed the Preface to Deed of Trust prior to the execution of this Deed of Trust and <br />have made the applicable election, disclaimer or waiver of homestead. Trustors further waive any additional or further homestead rights, <br />exemptions, or elections other than those reserved in the Preface to Deed of Trust, whether existing by common law, or any other law <br />now existing, or enacted in the future. <br />IN WITNESS WHEREOF, Trustor has executed this Deed of Trust on the date first above written above. <br />STATE OF NEBRASKA <br />COUNTY OF Buffalo <br />GENERAL NOTARY - State of Nebraska <br />DEBRA A. YOUNG <br />My Comm. Exp. July 24,2015 <br />Loan Originator Organization: Farmers and Merchants Bank <br />Individual Loan Originator: <br />8123.CV (8/13) 914030 <br />NMLSR ID: 403596 <br />Debra A. Young <br />NMLSR ID: 441815 <br />20A04971 <br />Trustors: <br />Gustavo Rodr uez -Trejo <br />nedina Rodriguez <br />> s <br />The foregoing instrument was acknowledged before me on August 4, 2014 , at o'clock <br />M. by Gustavo Rodriguez -Trejo and Enedina Rodriguez, husband and wife <br />Notary Public <br />Page 5 of 5 GOTO(0012a3b1) <br />