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'00OU7545 hereafter held by Beneficiary or Trustee in such order and manner 'as they or either of them may in their absolute discreti, determine. No remedy herein conferred upon or reserved to Trustee or. Beneficiary is intended to be exclusive of any other reme, herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereund or now or hereafter existing at law or In equity or by statute. Every power or remedy given by any of the Loan Instruments Trustee or Beneficiary or to which either of them'may be Otherwise entitled, may be exercised, concurrently or independently, frc time to time and as often as may be deemed expedient by Trustee or Beneficiary and either of them may pursue inconsiste remedies. Nothing herein shall be construed as prohibiting Beneficiary from seeking a deficiency judgment against the Trustor the extent such action is permitted by law. 13. Request for Notice. Trustor and all other parties set forth herein hereby requests a copy of any Notice of Defat and a copy of any Notice of Sale hereunder be mailed to them at the address set forth in the first paragraph of this Second De, of Trust. 14. Governing Law. This Second Deed of Trust shall be governed by and construed in accordance with the laws the State of Nebraska. In the event that any provision or clause of any of the Loan Instruments conflicts with applicable laws, su- conflict shall not affect other provisions of such Loan Instruments which can be given effect without the conflicting provision, at to this end the provisions of the Loan Instruments are declared to be severable. This instrument cannot be waived, change discharged or terminated orally, but only by an instrument in writing signed by the party against whom enforcement of any waiv( change, discharge or termination is sought. 15. Reconveyance by Trustee. Upon written request of Beneficiary stating that all sums secured hereby have be, paid and upon surrender of this Second Deed of Trust and any note to Trustee for cancellation and retention and upon payment Trustor of Trustee's fees, Trustee shall reconvey to Trustor, or the person or persons legally entitled thereto, without warranty, a portion of the Trust Estate then held hereunder. The recitals in such reconveyance of any matters or facts shall be conclusive pro of the truthfulness thereof. The grantee in any reconveyance may be described as "the person or persons legally entitled theretc 16. Notices. Whenever Beneficiary, Trustor or Trustee shall desire to give or serve any notice, demand, request other communication with respect to this Second Deed of Trust, each such notice, demand, request or other communication sh be in writing and shall be effective only if the same is delivered by personal service or mailed by certified mail, postage prepai return receipt requested, addressed to the address set forth at the beginning of this Second Deed of Trust. Any party may at a, time change its address for such notices by delivering or mailing to the other parties hereto, as aforesaid, a notice of such chang 17. Acceptance by Trustee. Trustee accepts this Trust when this Second Deed of Trust, duly executed at acknowledged, is made a public record as provided by law. IN WITNESS WHEREOF, Trustor has executed this Second Deed of Trust as of the day and year above written. Z Trustor STATE OF NEBRASKA ) COUNTY OF 14MX-e— ) The foregoing instrument was acknowledged before me this S day of , 2000 by GENERAL NOTARY-State of Nebraska �- III TERRY K. RATHMAN My Comm. Exp. Oct. 21, 2001 Notary b 1 i c ' My commission expires: /Q _ Trustor STATE OF NEBRASKA ) COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2000 by My commission expires: 4 Notary Public