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200105719
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Last modified
10/14/2011 5:37:20 AM
Creation date
10/20/2005 9:03:19 PM
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DEEDS
Inst Number
200105719
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200105'710 <br />14. Request for Notice. Trustors hereby request a copy of any <br />notice of default and that any notice of sale hereunder be mailed to <br />Trustors at the address set forth in the first paragraph of this Deed of <br />Trust. <br />15. Appointment of Successor Trustee. Beneficiary may, from time <br />to time, by written instrument executed and acknowledged by Beneficiary, <br />mailed to Trustor and recorded in the County in which the property is <br />located and by otherwise complying with the provisions of the applicable <br />law of the State of Nebraska, substitute a successor or successors to the <br />Trustee named herein or acting hereunder. <br />16. Successors and Assigns. This Deed of Trust applies to and <br />inures to the benefit of and binds all parties hereto, their heirs, <br />legatees, devisees, personal representatives, successors and assigns. <br />The term "Beneficiary" shall mean the owner and holder of the note, <br />whether or not named as Beneficiary herein. <br />17. Beneficiary's Powers. Without affecting the liability of any <br />other person liable for the payment of any obligation herein mentioned, <br />and without affecting the lien or charge of this Deed of Trust upon any <br />portion of the property not then or theretofore released as security for <br />the full payment of all unpaid obligations, Beneficiary may, from time <br />to time and without notice. <br />(a) release any persons so liable; <br />(b) extend the maturity or alter any of the terms of <br />any such obligation. <br />(c) grant other indulgences; <br />(d) release or re- convey or cause to be released or re- <br />conveyed at any time at Beneficiary's option, any parcel, <br />portion or all of the property; <br />(e) take or release any other or additional security <br />for any obligation herein mentioned; or <br />(f) make compositions or other arrangements with <br />debtors in relation thereto. <br />18. Governing Law. This Deed of Trust shall be governed by the <br />laws of the State of Nebraska and, in the event any one or more of the <br />provisions contained in this Deed of Trust, or the note or any other <br />security instrument given in connection with this transaction shall be <br />for any reason be held to be invalid, illegal or unenforceable in any <br />respect, such invalidity, illegality or unenforceability shall not affect <br />any other provisions of this Deed of Trust, but the Deed of Trust shall <br />be construed as if such invalid, illegal or unenforceable provision had <br />never been contained herein or therein. <br />19. Effect of Forbearance. Any forbearance by Beneficiary or <br />Trustee in exercising any right or remedy hereunder, or otherwise <br />afforded by applicable law, shall not be a waiver of or preclude the <br />exercise of any such right or remedy hereunder. Likewise, the waiver by <br />Beneficiary or Trustee of any default of the Trustors under this Deed of <br />Trust shall not be deemed to be a waiver of any other or similar default <br />subsequently occurring. <br />20. Reconveyance by Trustee. Upon written request of the <br />Beneficiary stating that all sums secured hereby have been paid, and upon <br />surrender of this Deed of Trust and the note to the Trustee for <br />cancellation and retention and upon payment by Trustors of Trustee's <br />fees, Trustee shall re- convey to Trustor, or the person or persons <br />legally entitled thereto, without warranty, any portion of the property <br />then held hereunder. Recitals in such re- conveyance of any matters or <br />facts shall be conclusive proof of the truthfulness thereof. Grantees <br />in the reconveyance may be described as "the person or persons legally <br />entitled thereto." <br />5 <br />
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