|
4
<br />201602352
<br />agreement or any laws now or hereafter in force, notwithstanding some or all of the said indebtedness
<br />and obligations secured hereby may now or hereafter be otherwise secured, whether by mortgage,
<br />deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor
<br />its enforcement whether by court action or pursuant to the power of sale or other powers herein
<br />contained, shall prejudice or in any manner affect Trustee's or Beneficiary's right to realize upon or
<br />enforce any other security now or hereafter held by Trustee or Beneficiary, it being agreed that
<br />Trustee and Beneficiary, and each of them, shall be entitled to enforce this Deed of Trust and any
<br />other security now or hereafter held by Beneficiary of Trustee in such order and manner as they or
<br />either of them may in their absolute discretion determine. No remedy herein conferred upon or
<br />reserved to Trustee or Beneficiary is intended to be exclusive of any other remedy herein or by law
<br />provided or permitted, but each shall be cumulative and shall be in addition to every other remedy
<br />given hereunder or now or hereafter existing at law or in equity or by statute. Every power or
<br />remedy given by any of the Loan Instruments to Trustee or Beneficiary or to which either of them
<br />may be otherwise entitled, may be exercised, concurrently or independently, from time to time and
<br />as often as may be deemed expedient by Trustee or Beneficiary and either of them may pursue
<br />inconsistent remedies. Nothing herein shall be construed as prohibiting Beneficiary from seeking a
<br />deficiency judgment against the Trustor to the extent such action is permitted by law.
<br />M. REQUEST FOR NOTICE. Trustor hereby requests a copy of any notice of default and
<br />that any notice of sale hereunder be mailed to Trustor at the address set forth in the first paragraph
<br />of this Deed of Trust.
<br />N. GOVERNING LAW. This Deed of Trust shall be governed by the laws of the State of
<br />Nebraska. In the event that any provision or clause of any of the Loan Instruments conflicts with
<br />applicable laws, such conflicts shall not affect other provisions of such Loan Instruments which can
<br />be given effect without the conflicting provision, and to this end the provisions of the Loan
<br />Instruments are declared severable. This instrument cannot be waived, changed, discharged, or
<br />terminated orally, but only by an instrument in writing signed by the party against whom enforcement
<br />of any waiver, change, discharge, or termination is sought.
<br />O. RECONVEYANCE BY TRUSTEE. Upon written request of Beneficiary stating that all
<br />sums secured hereby have been paid, and upon surrender of this Deed of Trust and the Note to
<br />Trustee for cancellation and retention and upon payment by Trustor of Trustee's fees and expenses,
<br />Trustee shall reconvey to Trustor, or the person or persons legally entitled thereto, without warranty,
<br />any portion of the Trust Estate then held hereunder. The recitals in such reconveyance of any matters
<br />or facts shall be conclusive proof of the truthfulness thereof. The grantee in any reconveyance may
<br />be described as the person or persons legally entitled thereto ".
<br />P. NOTICES. Whenever Beneficiary, Trustor or Trustee shall desire to give or serve any
<br />notice, demand, request or other communication with respect to this Deed of Trust, each such notice,
<br />demand, request or other communication shall be in writing and shall be effective only if the same is
<br />delivered by personal service or mailed by certified mail, postage prepaid, return receipt requested,
<br />addressed to the address set forth at the beginning of this Deed of Trust. Any party may at any time
<br />change its address for such notices by delivering or mailing to the other parties hereto, as aforesaid,
<br />a notice of such change.
<br />Q. ACCEPTANCE BY TRUSTEE. Trustee accepts this Trust when this Deed of Trust, duly
<br />executed and acknowledged, is made a public record as provided by law.
<br />R. TRANSFER OF THE PROPERTY; ASSUMPTION. If all or any part of the Trust Estate
<br />or an interest therein is sold, transferred, assigned, leased with or without an option to purchase, or
<br />conveyed, either in whole or in part, whether voluntarily or involuntarily, by Trustor without
<br />Beneficiary's prior written consent, excluding a transfer by devise, descent or by operation of law
<br />upon the death of a joint tenant, Beneficiary may, at Beneficiary's option, declare all the sums secured
<br />by this Deed of Trust to be immediately due and payable. Beneficiary shall have waived such option
<br />to accelerate if prior to the sale, transfer, assignment, lease or conveyance, Beneficiary and Trustor
<br />reach agreement in writing that the credit of such person is satisfactory to Beneficiary. The consent
<br />of Beneficiary to such a sale, transfer, assignment, lease or conveyance cannot be unreasonably
<br />withheld. If Beneficiary has waived the option to accelerate provided in this paragraph, and if
<br />Trustor's successor in interest has executed a written assumption agreement accepted in writing by
<br />Beneficiary, Beneficiary shall release Trustor from all obligations under this Deed of Trust and Note.
<br />IN WITNESS WHEREOF, Trustor has executed this Deed of Trust as of the day and
<br />year first above written.
<br />
|