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90104990
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Last modified
10/20/2011 3:37:33 PM
Creation date
10/20/2005 9:34:43 PM
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DEEDS
Inst Number
90104990
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_ <br />90- --10499 <br />- <br />` - <br />sent shall be.given by public declaration thereof by such person <br />:. <br />.at the time and place.last appointed for the sale; provided, if <br />= - -the -sale is postponed for- -longer than one (1) day beyond the date <br />-__ <br />designated in the. - notice of sale, notice thereof shall be given <br />in the same manner as the original notice ok sale. <br />1i. 'Remedies 'Not Exclusive. Trustee and Beneficiary, and <br />each of them, shall be -entat ed to , enforce payment and <br />' <br />performance of any indebtedness or obligation secured hereby and <br />to eRercise `ail rights • and, powers- under this Deed of ..Trust or <br />under any loan -instrument or other'agreement or any laws now or <br />hereafter enforced, notwithstanding some or all of the`indebted - <br />ness and obligations secured hereby which may now or hereafter be <br />` <br />otherwise secured, whether by'mortgage, deed of trust, pledge, <br />lien, assignment or, otherwise.-.. the acceptance of this <br />- <br />-�- - <br />- -- Deed of Trust, nor ifs- enfoicement, whether by, court action or <br />'• <br />pursuant to the power of'sale or other powers herein contained, <br />shall prejudice or in any manner. affect Trustee's or <br />Beneficiary's right to realize upon or enforce any other security <br />now or hereafter held'by Trustee or Beneficiary, it being agreed <br />that Trustee and Beneficiary, and each of them, shall be entitled <br />to enforce this Deed of Trust and any other security now or here- <br />' ` <br />after held by the Beneficiary or Trustee in such-order and•manner <br />as they; or either of them, may An their absolute discretion' <br />= -� <br />determine.' No_.remedy herein conferred upon or reserved to_ <br />Trustee or Beneficiary is intended to be exclusive of any other <br />remedy herein or by lass provided or permitted, but each shall be <br />cumu lative and shall be in addition to every other remedy given <br />hereunder or now or hereafter existing -at law or-in equity or by <br />statute. Every power or remedy given by any of the loan instru- <br />' <br />ments to Trustee or Beneficiary or to which either of them may be <br />otherwise entitled may be exercised, concurrently or independently, <br />from time to time and as often as may be deemed expedient by <br />Trustee or Beneficiary, and either of them may pursue inconsistent <br />remedies. Nothing herein shall be construed-as prohibiting Bene - <br />ficiary from seeking a deficiency judgment against Trustor to the <br />extent such action is permitted by law. <br />14. Request for Notice. Trustor hereby requests a copy of <br />any notice of default and that any notice of sale hereunder be <br />mailed to Trustor at the address set forth in the first paragraph <br />of this Deed of Trust.. <br />15. Appointment of Successor Trustee. Beneficiary may, <br />from time to time, by written instrument executed and <br />acknowledged by Beneficiary, mailed to Trustor and recorded in <br />the County in which the property is located and by otherwise <br />complying with the provisions of the applicable law of the State <br />of Nebraska, substitute a successor or successors to the Trustee <br />named herein or acting hereunder. <br />16. Successors and Assigns. This Deed of Trust applies to. <br />. <br />and inures to the ef t of and binds all parties hereto, their <br />heirs, legatees, devisees, personal representatives, successors <br />and assigns. The term "Beneficiary" shall mean the owner and <br />holder of the note, whether or not named as Beneficiary herein. <br />17. Beneficiary's Powers. Without affecting the liability. <br />of any• other -person liable for the payment of any obligation <br />herein [mentioned, and without affecting the lieu or charge of <br />. - -_- <br />this Deed ui A L. iiF.ar� any portion of the property not then or <br />theretofore released as security for the full 'payment of all <br />unpaid obligations, Beneficiary may, from time to tune and <br />.tifsif`.Fi <br />__ -•, -_ <br />POOL-- <br />(a) release any persons so liable; <br />�-- <br />(b) extend the maturity or alter any of <br />the terms of any such obligation; <br />;' <br />td <br />' <br />ao <br />(c) grant other i rdealgences; <br />�' <br />
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