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202101845
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Last modified
3/5/2021 11:52:25 AM
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3/5/2021 11:52:23 AM
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DEEDS
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202101845
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LAW OFFICE <br />BRAD MONCRIEF, <br />L.L.C. <br />1239 N. Burlington Ave., <br />Suite 200 <br />Hastings, NE 68901 <br />(402) 462-5353 <br />202101845 <br />Trust Estate. <br />14. REMEDIES NOT EXCLUSIVE. Trustee and Beneficiary and each of them shall be <br />entitled to enforce payment and performance of any indebtedness or obligations secured hereby <br />and to exercise all rights and powers under this Deed of Trust or under any Loan Instrument or <br />other agreement or any laws now or hereafter in force, notwithstanding that some or all of such <br />indebtedness and obligations secured hereby may now or hereafter be otherwise secured, <br />whether by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the <br />acceptance of this Deed of Trust nor its enforcement whether by court action or pursuant to the <br />power of sale or other powers herein contained, shall prejudice or in any manner affect Trustee's <br />or Beneficiary's right to realize upon or enforce any other security now or hereafter held by <br />Trustee or Beneficiary, it being agreed that Trustee and Beneficiary, and each of them, shall be <br />entitled to enforce this Deed of Trust and any other security now or hereafter held by Beneficiary <br />or Trustee in such order and manner as they or either of them may in their absolute discretion <br />determine. No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended <br />to be exclusive of any other remedy herein or by law provided or permitted, but each shall be <br />cumulative and shall be in addition to every other remedy given hereunder or now or hereafter <br />existing at law or in equity or by statute. Every power or remedy given by any of the Loan <br />Instruments to Trustee or Beneficiary or to which either of them may be otherwise entitled may <br />be exercised, concurrently or independently, from time to time and as often as may be deemed <br />expedient by Trustee or Beneficiary and either of them may pursue inconsistent remedies. <br />Nothing herein shall be construed as prohibiting Beneficiary from seeking a deficiency judgment <br />against the Trustor to the extent such action is permitted by law. <br />15. REQUEST FOR NOTICE. Trustor hereby requests a copy of any notice of default <br />and that any notice of sale hereunder be mailed to it at the address set forth in the first paragraph <br />of this Deed of Trust. <br />16. GOVERNING LAW. This Deed of Trust shall be governed by the laws of the State <br />of Nebraska. In the event that any provision or clause of any of the Loan Instruments conflicts <br />with applicable laws, such conflicts shall not affect other provisions of such Loan Instruments <br />which can be given effect without the conflicting provision, and to this end the provisions of the <br />Loan Instruments are declared to be severable. This instrument cannot be waived, changed, <br />discharged or terminated orally, but only by an instrument in writing signed by the party against <br />whom enforcement of any waiver, change, discharge or termination is sought. <br />17. RECONVEYANCE BY TRUSTEE. Upon written request of Beneficiary stating <br />that all sums secured hereby have been paid, and upon surrender of this Deed of Trust and the <br />Note to Trustee for 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 <br />warranty, any portion of the Trust Estate then held hereunder. The recitals in such reconveyance <br />
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