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r <br />L <br />F <br />pledge, liens ossiansient or otherwise. Neither the acceptance of this Deed of Trust_noi its en- <br />forcesent. whether by court action or pursuant to the power of sale or other powers herein con- <br />tained, shell prejudice or in any wanner affect Trustee's or Beneficiary's right to realize upon <br />or enforce any other security now or hereafter held by Trustee or Beneficiary, it being agreed <br />that Trustee and Beneficiary, and each of thou, shall be entitled to enforce this Deed of Trust <br />and any other security now or hereafter held by the Beneficiary or Trustee in such order and, manner <br />as they, or either of then, may, In their aheolute discretion determine. No remedy herein co- <br />ferred upon or reserved to Trustee or Beneficiary is intended to be esiclusive of any other•resredy <br />herein or by law provided or peraitted, but each shall be cumulative and shall be in addition to <br />every other remedy given hereunder or now or hereafter existing at law or io equity or by statute. <br />Every purer or reviedy given by any of the loan instruments to Trustee or Beneficiary or to which <br />tithe -- of the may be- sth_- raA-_c --=1tled_-ay -ba- exercised, concurrently or independently, from time <br />to time and as often as maybe deemed expedient by Trustee or Beneficiary, and either of then may <br />pursue inconsistent resedies. Nothing herein shall be construed as prohibiting Beneficiary from <br />seeking a deficiency Judgment against Trustor io the extent such action is permitted by lay. . <br />15. Request for Notice. Trustor hereby requests a copy of any notice of default and that any <br />notice of sale hereunder be mailed to Trustor at the address set forth in the first paragraph of <br />this Deed of Trust. <br />16. Appointment of Successor Trustee. Beneficiary may, from time to time, by written instru- <br />ment executed and acknowledged by Beneficiary, mailed to Trustor and recorded in the County In which <br />the property is Inzated and by otherwise complying with the provisions of the applicable law of the <br />State of Nebra4,-,,4.substitute a successor or sp�cz5sors to the Trustee named here:m•'a--l` acting here- <br />under. <br />17. Successors a=d PS =-bass This 'Deed cl^ "Co= applies to and in* `to the t46ifii 'r <br />binds all parti.es'aereto, :�elvheire, le' isees, personal rem +x2 ;aatatives` spec <br />and assigns. Me Berm "B2neiSciar¢' *;-7tL ' taean the owner and holder dr . _aote. ` *er ':or. st' <br />named as SeneficS_= y herein. <br />16. Beneficiary's Movers. Withc:1.1 affectinS sae liabil.ity'of 'arm 'it -d-1 ar persvi :,able f'cr_ the <br />paymeot.of any obligation hr:�r:.n mentioned, and taut affecting tte'- Ar6- or cbsrge of this laid <br />of Trait; upon any portion, rf ttL'm_ property not t� "r,r-r theretoff^_ze se=c sE as se�i,tg' for t' `i 11 <br />payment, of all unpaid BeceEi ary =31,tErom tira tine time _'.without <br />(a) release any persons so Ma-1113; <br />(b) extend the maturity or alter any off .the terms of any sucks d--U ga <br />(c) grant other Indulgences; <br />(d) release or re- convey or cause to be released or re- conveyed at any cfne at Bene- <br />ficiary's option, any parcel, portion or all of the property; <br />(e) take or release any other or additional security for any obligation herein <br />mentioned; or <br />(f) make compositions or other arrangements with debtors in relation thereto. <br />19. Governinit Law. This Deed of Trust shall be governed by the laws of the State of NebrasVa <br />and, in the event any one or more of the provisions contained in this Deed of Trust, or the note <br />or any other security instrument given in conne :tion with this transaction shall be for any reason <br />be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or un- <br />enforceability shall not affect any other provisions of this Deed of Trust, but the Deed of Trust <br />shall be construed as if such invalid, illegal or enforceable provision had never been contained <br />herein or therein. <br />20. Effect of Forbearance. Any forbearance by Beneficiary or Trustee in exercising any right <br />or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude <br />the exercise of any such right or remedy hereunder. Likewise. the waiver by Beneficiary or Trustee <br />of any default of the Trustor under this Deed of Trust shall not be deemed to be a waiver of any <br />other or similar default subsequently occurring. <br />21. Fe-conveyance by Trustee. Upon written request of the Beneficiary'stating that all sums <br />secured hereby have been paid, and upon surrender of this Deed of Trust and the note to the Trustee <br />for cancellation and retention and upon payment by Trustor of Trustee's fees, Trustee shall re- convey <br />to Trustor, or the ,person or persons legally entitled thereto, without UaXranty, any portion of the <br />property held hereunder. Recitals in -lae -h re- conveyance of any matters ci facts shall be conclusive <br />proof of the trub? -ifulness thereof. Grrr;tees In the re- conveyance may be described as "the person <br />or persons legalLyr entitled thereto." <br />22. Acceptance by Trustee. Trustee accepts thli- trust when this Dead of Trust, duly executed <br />and a6morledged, is made a puBlic record as provided by law. <br />IN WITNESS WJEREOF, Trustor has executed•this Deed of Tnuge, on the date first noted above. of <br />Steven <br />4 : -40 ow% <br />Time v <br />' r ail <br />STATE OF NEBRASKA ) <br />ss: <br />COUNT$ OF Hall ) <br />(lam this 151hday of Sentl'1W = , 198::0 , bdfore ne, the undersigned a Notary Public <br />duly commissioned and qualified for nald County. personally caura Steven W. & Kimberly $. F{4an <br />husband & Wife , to, ime known to too. the Identical persons whose tvuse(s) <br />fe are) subscribed to the foregoing Deed of Tr ;LsVand (he /she /they /it) acknowledged the extimition <br />thereof to be (his /her /their /its) voluntary act and, deed. <br />'.fitness --i hand and ::etarial Se:;l,a;. Grand ISIMd, 1E iB enld C..ty. the .mate aforesaid. <br />Notary Pub3ie <br />if��MYlnit <br />MICHAEL VANIUV <br />M,Oa EWA*24ill <br />t <br />r_ <br />} <br />