|
200007270
<br />in interest; (h) without affecting the liability of the trustor or any other person liable for the payment of the obligations and indebtedness
<br />secured by this Deed of Trust, and without affecting the lien or charge of this Deed of Trust upon any portion of the Property not then or
<br />theretofore released as security for the full amount of all unpaid obligations, Beneficiary may, from time to time and without notice (i)
<br />release any person so liable, (ii) extend the maturity or alter any of the terms of any such obligation, (iii) grant other indulgences, (iv)
<br />release or reconvey, or cause to be released or reconveyed at any time at Beneficiary's option any parcel, portion or all of the Property,
<br />(v) take or release any other or additional security for any obligation or indebtedness herein mentioned, or (vi) make compositions or other
<br />arrangements with debtors in relation thereto; (i) in addition to the rights and powers given to the Trustee and Beneficiary herein, the
<br />Beneficiary shall have all such other rights both in law and equity for collection of the indebtedness secured hereby as it would have but
<br />for this Deed of Trust; (j) all covenants and agreements of Trustor set forth in this Deed of Trust shall be joint and several; (k) this Deed
<br />of Trust shall be governed by the laws of the State of Nebraska; (1) in the event any one or more of the provisions contained in this Deed
<br />of Trust, or the Note or any other security instrument given in connection with the indebtedness hereby secured shall for any reason be
<br />held to be invalid, illegal or unenforceable m any respect, such invalidity, illegality, or unenforceability shall, at the option of Beneficiary,
<br />not affect any other provision of this Deed of Trust, but this Deed of Trust shall be construed as if such invalid, illegal, or unenforceable
<br />provision had never been contained herein or therein. If the lien of this Deed of Trust is invalid or unenforceable as to any part of the
<br />indebtedness hereby secured or evidenced by the Note, or if the lien is invalid or unenforceable as to any part of the Property, the
<br />unsecured or partially secured portion of such indebtedness shall be completely paid prior to the payment of the remaining and secured
<br />or partially secured portion of such indebtedness, and all payments made on such indebtedness, whether voluntary or under foreclosure
<br />or other enforcement action or procedure, shall be considered to have been first paid on and applied to the full payment of that portion
<br />of such indebtedness which is not secured or not fully secured by the lien of this Deed of Trust; and (m) the covenants and agreements
<br />contained in this Deed of Trust shall bind, and the benefits and advantages hereof shall inure to the respective heirs, executors,
<br />administrators, successors and assigns of the parties hereto. Wherever used herein, the singular number shall include the plural and
<br />conversely, and the use of any gender shall be applicable to all genders. Wherever the term "Beneficiary" is used herein, it shall include
<br />the legal holder or holders of the Note or the indebtedness secured hereby.
<br />SEVENTH: Upon written request of Beneficiary stating that all amounts and indebtedness secured hereby have been paid, and upon
<br />surrender of this Deed of Trust and the Note to Trustee for the cancellation and retention and upon payment by Trustor of Trustee's fees,
<br />Trustee shall reconvey to Trustor, or the person or persons legally entitled thereto, without warranty, any portion of the Property then held
<br />by Trustee hereunder. The recitals in such reconveyance of any matters or facts shall be conclusive proof of the truthfulness thereof. The
<br />grantee of any reconveyance may be described as "the person or persons legally entitled thereto."
<br />EIGHTH: Except for any notices, demands, requests or other communications required under applicable law to be given in another
<br />manner, whenever Beneficiary, Trustor or Trustee gives or serves any notice (including, without limitation, notice of default and notice
<br />of sale), demands, requests or other communications with respect to this 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 certified mail,
<br />postage prepaid, return receipt requested, addressed to the address of the party to whom mailed as set forth at the end of this Deed of Trust.
<br />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
<br />of such change. Any notice hereunder shall be deemed to have been given to Trustor or Beneficiary when given in the manner designated
<br />herein.
<br />IN WITNESS WHEREOF, the Trustor has signed and delivered this Deed of Trust t e day and year first above written.
<br />F cisc uijano RUSTOR �! ~ a rdia " no . STOR
<br />Post Office Address:
<br />2215 Grand Island Avenue
<br />Grand Island, Nebraska
<br />Name and Address of Beneficiary:
<br />Nickie J. Kallos, Sr. and Rosie Kallos
<br />106 East Third
<br />Grand Island, Nebraska
<br />Post Office Address:
<br />2215 Grand Island Avenue
<br />Grand Island, Nebraska
<br />STATE OF NEBRASKA )
<br />)ss:
<br />COUNTY OF HALL )
<br />The foregoing instrument was acknowledged before me on the day of Q 1 2000, by Francisco Quijano and
<br />Adalicia Quijano, Husband and Wife.
<br />yl— WGFN:ER AL NOTARY-State of Nebraska
<br />No ublic OHN B. McDERMOTT
<br />M ommission Ex Comm. Exp. March 22, 2002
<br />p: 3 2Z - -Lcw
<br />
|