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202108720
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10/14/2021 11:53:52 AM
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10/14/2021 11:53:52 AM
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DEEDS
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202108720
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202108720 <br />(c) Trustee may, in the manner provided by law, postpone sale of all or any portion of the <br />Trust Estate. <br />11. REMEDIES NOT EXCLUSIVE. Trustee and Beneficiaries, 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 some or all of the 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 Beneficiaries' right to realize upon or enforce any other security now or hereafter held by <br />Trustee or Beneficiaries, it being agreed that Trustee and Beneficiaries, and each of them, shall be <br />entitled to enforce this Deed of Trust and any other security now or hereafter held by Beneficiaries <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 Beneficiaries 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 Beneficiaries 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 Beneficiaries; and either of them may pursue inconsistent remedies. <br />Nothing herein shall be construed as prohibiting Beneficiaries from seeking a deficiency judgment <br />against the to the extent such action is permitted by law. <br />12. REQUEST FOR NOTICE. Trustor hereby requests a copy of any notice of default, <br />and that any notice of sale hereunder be mailed to them at the address set forth in the first <br />paragraph of this Deed of Trust. <br />13. GOVERNING LAW. This Deed of Trust shall be governed by the laws of the State of <br />Nebraska. In the event that any provision or clause of any of the Loan Instruments conflicts with <br />applicable laws, such conflicts shall not affect other provisions of such Loan Instruments which can <br />be given effect without the conflicting provisions; and to this end, the provisions of the Loan <br />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 />14. RECONVEYANCE BY TRUSTEE. Upon written request of Beneficiaries stating that <br />all sums secured hereby have been paid, and upon surrender of this Deed of Trust and the Note to <br />Trustee for cancellation and retention and upon payment by Trustor of Trustee's fees, Trustee <br />shall reconvey to, or the person or persons legally entitled thereto, without warranty, any portion of <br />the Trust Estate then held hereunder. The recitals in such reconveyance of any matters or facts <br />shall be conclusive proof of the truthfulness thereof. The grantee in any reconveyance may be <br />described as "the person or persons legally entitled thereto". <br />15. NOTICES. Whenever Beneficiaries, Trustor or Trustee shall desire to give or serve <br />any notice, demand, request or other communication with respect to this Deed of Trust, each such <br />notice, demand, request or other communication shall be in writing and shall be effective only if the <br />same is delivered by personal service or mailed by certified mail, postage prepaid, return receipt <br />requested, addressed to the address set forth at the beginning of this Deed of Trust. Any party <br />may at this time change its address for such notices by delivering or mailing to the other parties <br />hereto, as aforesaid, a notice of such change. <br />16. DUE ON SALE. TRANSFER OF PROPERTY. Beneficiaries enter into this agreement <br />on responsibility of Trustor and on the basis of the amicable relations which have previously <br />existed between Beneficiaries and Trustor with respect to the subject premises. Should Trustor <br />desire to sell or encumber the subject premises or any part thereof, they shall forthwith obtain the <br />consent of Beneficiaries to such sale or encumbrance while any sums remain due on the Note <br />4 <br />
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