|
?` ,A 1• �`� ?� •� `��� ..•.
<br /> 15. RECONVEYANCE BY TRUSTEE.Upon written request of Beneficiary stating that all sums secured hereby hawe i:aen paid,
<br /> and upon surrender of this Deed of Trust and the Note to Trustee for cancellation and retention and upon payment by Trust�r�f
<br /> Trustee's fees, Trustee shall reconvey to TrusCor, or the person or persons legally entitled thereto, without warranty, any portion of
<br /> the Property then heid hereunder. The recitals in such reconveyance of any matters or facts shali be conclusive proof of the
<br /> truthfulness thereof.The grantee in any reconveyance may be described as"the person or persons legally entitled thereto."
<br /> 16. NOTICES. Except for any notices,demands,requests or other communications required under applicable law to be given in �
<br /> another manner, whenever Beneficiary, Trustor or Trustee gives or serves any notice (including, without limitation, notice of default Q
<br /> and notice of sale), demands, requests or other communication with respect to this Deed of Trust, each such notice, demand, 0
<br /> request or other communication shall be in wrding and shall be effective oniy if the same is delivered by personal service or is mailed �
<br /> by certified mail, postage prepaid,addressed to the address as set forth at the beginning of this Deed of Trust.Any peirty may at any �
<br /> time change its address for such notices by delivering or mailing to the other party hereto,as aforesaid,a notice of such change.Any O
<br /> notice hereunder shalf be deemed to have been given to Trustor or Beneficiary,when given in the manner designated herein. �
<br /> 17. REQUEST FOR NOTICE.Trustor and Beneficiary hereby request a copy of any notice of default,and a copy of any notice vt
<br /> of sale thereunder, be mailed to each person who is a party hereto at the address set forth for such person in either the first w
<br /> paragraph of this Deed of Trust or below. Trustor:
<br /> 18. GOVERNING LAW.This Deed of Trust shall be governed by the laws of the State of Nebraska.
<br /> 19. SUCCESSORS AND ASSIGNS. This Deed of Trust, and all terms, conditions and obligations herein, apply to and inure to
<br /> the benefit of and binds all parties hereto, their heirs, legatees, devisees, personal representatives, successors and assigns. The
<br /> term"Beneficiary"shall mean the owner and holder of the Note,whether or not named as Beneficiary herein.
<br /> 20. JOINT AND SEVERAL LIABILITY.All covenants and agreements of Trustor shall be joint and several.
<br /> 21. SEVERABILITY. In the event any one or more of the provisions contained in this Deed of Trust, or the Note or any other
<br /> security instrument given in connection with this transaction shall for any reason be held to be invalid,iilegal or unenforceable in any
<br /> respect, such invalidity, illegality, or unenforceability shall, at the option of Beneficiary, not affect any other provision of this Deed of
<br /> Trust, but this Deed of Trust shall be construed as if such invalid,illegal,or unenforceable provision had never been contained herein
<br /> or therein. If the lien of this Deed of Trust is invalid or unenforceable as to any part of the debt,or rf the lien is invalid or unenforceable
<br /> as to any part of the Property,the unsecured or partially secured portion of the debt shall be completely paid prior to the payment of
<br /> the remaining and secured or partially secured portion of the debt, and all payments made on the debt,whether voluntary or under
<br /> foreclosure or other enforcement action or procedure, shall be considered to have been first paid on and applied to the full payment
<br /> of that portion of the debt which is not secured or not fully secured by the lien of this Deed of Trust.
<br /> 22. NUMBER AND GENDER. Whenever used herein, the singular number shall include the plural, and the use of any gender
<br /> shall be applicable to all genders.
<br /> 23. ACCEPTANCE BY TRUSTEE. Trustee accepts this Trust when this Deed of Trust, duly executed and acknowledged, is
<br /> made a public record as provided by law.
<br /> 24. TRUSTEE LIABILITY. So long as the Trustee shall act in good faith and in reliance upon notices and other information
<br /> which it, in its sole discretion may deem to be reliable, and so long as Trustee shall exercise reasonable prudence and care in its
<br /> administration hereunder,Trustee shall not be liable for any loss or damages sustained or incurred by the Trustors or any Beneficiary
<br /> or by any other persons whomsoever, it being expressly stipulated that the Trustee shall be liable only for its own gross negligence
<br /> and willful default in the premises.
<br /> IN WITNESS WHEREOF,Trustor has executed this Master Deed of Trust Form and by the signing hereof acknowledges that he has
<br /> read and received a full copy hereof and understands that its terms, conditions and contents are fully incorporated into the actual
<br /> Deed of Trust he signed of even date herewith.
<br /> �
<br /> ���,h� G,, ,�t�,��_
<br /> Fau ' o Gutierrez
<br /> Ro rio Gutierrez
<br /> STATE OF NEBRASKA,COUNTY OF Hall
<br /> The foregoing instrument was acknowledged before me this 1�of �Tanu3ry 2000 by F3ustino
<br /> Gutierrez and Rosario Gutierrez, husband and wife
<br /> � GENERAL NOTARY Stata oi
<br /> DARLA M.POI.AK Notery Public
<br /> �Comm.Eup.Jury 2t,2pp�
<br /> My commission expires:
<br /> STATE OF NEBRASKA,COUNTY OF
<br /> Filed for record and entered in Numerical Index on , ,at o'clock .M.,
<br /> and recorded at Book Page ,or instrument No.
<br /> County or Deputy County Clerk
<br /> Register or Deputy Register of Deeds
<br /> 807671 Nebreska 00752D.04
<br />
|