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Last modified
10/13/2011 6:56:32 PM
Creation date
10/20/2005 9:19:28 PM
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DEEDS
Inst Number
200006950
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or Trustee in such order and manner as they or either of them may in their absolute discretion determine. No remedy <br />herein conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive of any other remedy herein or by <br />law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or <br />now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Loan Instruments to <br />Trustee or Beneficiary or to which either of them may be otherwise entitled, may be exercised, concurrently or <br />independently, from time to time and as often as may be deemed expedient by Trustee or Beneficiary and either of them <br />may pursue inconsistent remedies. Nothing herein shall be construed as prohibiting Beneficiary from seeking a deficiency <br />judgment against the Trustor to the extent such action is permitted by law. <br />13. REQUEST FOR NOTICE. Trustor and all other parties set forth herein hereby requests a copy of any Notice <br />of Default and a copy of any Notice of Sale hereunder be mailed to them at the address set forth in the first paragraph of <br />this Second Deed of Trust. <br />14. GOVERNING LAW. This Second Deed of Trust shall be governed by and construed in accordance with the <br />laws of the State of Nebraska. In the event that any provision or clause of any of the Loan Instruments conflicts with <br />applicable laws, such conflict shall not ,affect other provisions of such Loan Instruments which can be given effect without <br />the conflicting provision, and to this end the provisions of the Loan Instruments are declared to be severable. This <br />instrument cannot be waived, changed, discharged or terminated orally, but only by an instrument in writing signed by the <br />party against whom enforcement of any waiver, change, discharge or termination is sought. <br />15. RECONVEYANCE BY TRUSTEE. Upon written request of Beneficiary stating that all sums secured hereby <br />have been paid and upon surrender of this Second Deed of Trust and any note to Trustee for cancellation and retention and <br />upon payment by Trustor of Trustee's fees, Trustee shall reconvey to Trustor, or the person or persons legally entitled <br />thereto, without warranty, any portion of the Trust Estate then held hereunder. The recitals in such reconveyance of any <br />matters or facts shall be conclusive proof of the truthfulness thereof. The grantee in any reconveyance may be described <br />as "the person or persons legally entitled thereto." <br />16. NOTICES. Whenever Beneficiary, Trustor or Trustee shall desire to give or serve any notice, demand, <br />request or other communication with respect to this Second Deed of Trust, each such notice demand, request or other <br />communication shall be in writing and shall be effective only if the same is delivered by personal service or mailed by <br />certified mail, postage prepaid, return receipt requested, addressed to the address set forth at the beginning of this Second <br />Deed of Trust. Any party may at any time change its address for such notices by delivering or mailing to the other parties <br />hereto, as aforesaid, a notice of such change. <br />17. ACCEPTANCE BY TRUSTEE. Trustee accepts this Trust when this Second Deed of Trust, duly executed <br />and acknowledged, is made a public record as provided by law. <br />4 <br />
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