|
15. RECONVEYANCE BY TRUSTEE. Upon written request of Beneficiary stating that all sums secured hereby have been paid,
<br /> and upon surrender of this Deed of Trust and the Note to Trustee for cancellation and retention and upon payment by Trustor of
<br /> Trustee's fees, Trustee shali reconvey to Trustor, or the person or persons legally entitled thereto, without warranty, any portion of
<br /> . � the Property then held hereunder. The recitals in such reconveyance of any matters or facts shall 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 O
<br /> _. another manner, whenever Beneficiary, Trustor or Trustee gives or serves any notice (including,without limitation, notice of default �
<br /> and notice of sale), demands, requests or other communication with respect to this Deed of Trust, each such notice, demand, �
<br /> request or other communication shali be in writing and shall be effective only 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 party 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 �
<br /> ,,, notice hereunder shall be deemed to have been given to Trustor or Beneficiary,when given in the manner designated herein.
<br /> �
<br /> 17. REQUEST FOR NOTICE.Trustor and Beneficiary hereby request a copy of any notice of default,and a copy of any notice
<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
<br /> paragraph of this Deed of Trust or below. Trustor:
<br /> 1 S. 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 eli 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 shail tor any reason be held to be invalid, illegal 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. ff the lien of this Deed of Trust is invalid or unenforceable as to any part of the debt,or if 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 poRion 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 Trustes shall act in good faith and in reliance upon notices and other information
<br /> which d, in its sole discretion may deem to be reliable, and so long as Trustee shall exercise reasoneble prudence and care in its
<br /> administration hereunder,Trustee shall not be liab�e 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 /> �-z�,-L� � �,.�-�1.�
<br /> Laurence J. Wi
<br /> ,.�"-�.� -�
<br /> Debra A. Wicht
<br /> STATE OF NEBRASKA,COUNTY OF Hall
<br /> The foregoing instrument was acknowledged before me this 25t�y of Januax'y 200Q by Laurence J.
<br /> Wicht and Debra A. Wicht, husband and wife
<br /> �r
<br /> GENEAAL NOTARY-State of Ne� Notary Public
<br /> � bARLA M.pp
<br /> ------ ����0.J�22.200,1 � c�C��
<br /> y com ission expire •
<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 Clwk
<br /> Regieta or Daputy Registw of Daeds
<br /> 607871 Nabraske 00752D.04
<br />
|