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200006833 <br />13. Remedies Not Exclusive. Trustee and Beneficiary, and each of them, shall be entitled to enforce payment and performance of any <br />indebtedness or obligations secured hereby and to exercise all rights and powers under this Deed of Trust or under any Loan Instrument or other <br />agreement or any laws now or hereafter in force, notwithstanding some or all of the such indebtedness and obligations secured hereby may now or <br />hereafter be otherwise secured, whether by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust <br />nor its enforcement whether by court action or pursuant to the power of sale or other powers herein contained, shall prejudice or in any manner affect <br />Trustee's or Beneficiary's right to realize upon or enforce any other security now or hereafter held by Trustee or Beneficiary, it being agreed that Trustee <br />and Beneficiary, and each of them, shall be entitled to enforce this Deed of Trust and any other security now or hereafter held by Beneficiary or Trustee <br />in such order and manner as they or either of them may in their absolute discretion determine. No remedy herein conferred upon or reserved to Trustee <br />or Beneficiary is intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in <br />addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the <br />Loan Instruments to Trustee or Beneficiary or to which either of them may be otherwise entitled, may be exercised, concurrently or independently, from <br />time to time and as often as may be deemed expedient by Trustee or Beneficiary and either of them may pursue inconsistent remedies. Nothing herein <br />shall be construed as prohibiting Beneficiary from seeking a deficiency judgment against the Trustor to the extent such action is permitted by law. <br />14. Request for Notice. Trustor hereby requests a copy of any notice of default and that any notice of sale hereunder be mailed to it at the <br />address set forth in the first paragraph of this Deed of Trust. <br />15. Governing Law. This Deed of Trust shall be governed by the laws of the State of Nebraska. In the event that any provision or clause of any <br />of the Loan Instruments conflicts with applicable laws, such conflicts shall not affect other provisions of such Loan Instruments which can be given <br />effect without the conflicting provision, and to this end the provisions of the Loan Instruments are declared to be severable. This instrument cannot be <br />waived, changed, discharged or terminated orally, but only by an instrument in writing signed by the party against whom enforcement of any waiver, <br />change, discharge or termination is sought. <br />16. Reconveyance by Trustee. Upon written request of Beneficiary stating that all sums secured hereby have been paid, and upon surrender of <br />this Deed of Trust and the Note to Trustee for cancellation and retention and upon payment by Trustor of Trustee's fees, including but not limited to the <br />expense of preparation of a Deed of Reconveyance, 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 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" and the grantee shall pay all <br />cost of recordation. <br />17. Notices. Whenever Beneficiary, Trustor or Trustee shall desire to give or serve notice, demand, request or other communication with respect <br />to this Deed of Trust, each such notice, demand, request or other communication shall be in writing and shall be effective only if the same is delivered <br />by personal service or mailed by certified mail, postage prepaid, return receipt requested, addressed to the address set forth at the beginning of this Deed <br />of Trust. Any party may at any time change its address for such notices by delivering or mailing to the other parties hereto, as aforesaid, a notice of such <br />change. <br />18. Invalidity of Certain Provisions. If the lien of this Deed of Trust is invalid or unenforceable as to any part of the debt, or if the lien is <br />invalid or unenforceable as to any part of the Trust Estate, the unsecured or partially secured portion of the debt shall be completely paid prior to the <br />payment of 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 of that portion of the <br />debt which is not secured or fully secured by the lien of this Deed of Trust. <br />IN WITNESS WHEREOF, Trustor has executed this Deed of Trust on the day and year hereinafter acknowledged. <br />rvin . Kubert, Trustor Evonne L. Kubert, Trustor <br />STATE OF NEBRASKA ) <br />) SS. <br />COUNTY OF HALL ) <br />The foregoing instrument was acknowledged before me this day of 2000, by Marvin L. Kubert and Evonne L. Kubert, husband and <br />wife, TRUSTORS. 4I�H yT- <br />715 n <br />Notary Public <br />GENERAL NOTARY•State of Nebraska <br />CAROL SCHINKEL <br />MY Comm. Exp, Feb. 1, 2Qp4 <br />text/7mc -kfdot <br />