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200110025 <br />exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Trustee or Beneficiary, and <br />either of them may pursue inconsistent remedies. Nothing herein shall be construed as prohibiting the Beneficiary from seeking a <br />deficiency judgment against Trustors to the extent such action is permitted by law. <br />14. Trustors hereby request a copy of any notice of default and that any notice of sale hereunder be mailed to Trustors at the <br />address set forth in the first paragraph of this Deed of Trust. <br />15. The Beneficiary may, by a written instrument executed and acknowledged by Beneficiary, mailed to Trustors and recorded in <br />the County in which the property is located and by otherwise complying with the provisions of the applicable law of the State of <br />Nebraska, substitute a successor to the Trustee named herein or acting hereunder. <br />16. This Deed of Trust applies to and inures to the benefit of and binds all parties hereto, their heirs, personal representatives, <br />successors and assigns. The term "Beneficiary" shall mean the owner and holder of the note, whether or not named as Beneficiary <br />herein. <br />17. Without affecting the liability of any other person liable for the payment of any obligation herein mentioned, and without <br />affecting the lien or charge of this Deed of Trust upon any portion of the property not then or theretofore released as security for the <br />full payment of all unpaid obligations, the Beneficiary may, from time to time and without notice: (a) release any persons so liable; <br />(b) extend the maturity or alter any of the terms of any such obligation; (c) grant other indulgences; (d) release or reconvey at the <br />Beneficiary's option any parcel, portion or all of the property; (e) take or release any other or additional security for any obligation <br />herein mentioned; or (f) make compositions or other arrangements with debtors in relation thereto. <br />18. This Deed of Trust shall be governed by the laws of the State of Nebraska and, in the event any one or more of the provisions <br />contained herein, or the note or any other security instrument given in connection with this transaction shalt be for any reason held to <br />be invalid, illegal or unenforceable, in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions <br />of this Deed of Trust, but the Deed of Trust shall be construed as if such invalid, illegal or unenforceable provision had never been <br />contained herein or therein. <br />19. Any forbearance by the Beneficiary or Trustee in exercising any right or remedy hereunder, or otherwise afforded by <br />applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy hereunder. Likewise, the waiver by the <br />Beneficiary or Trustee of any default of the Trustors under this Deed of Trust shall not be deemed to be a waiver of any other or <br />similar default subsequently occurring. <br />20. Upon the written request of the Beneficiary stating that all sums secured hereby have been paid, and upon surrender of this <br />Deed of Trust and the note to the Trustee for cancellation and retention and upon payment by Trustors of Trustee's fees, Trustee shall <br />reconvey to Trustors, or the person or persons legally entitled thereto, without warranty, any portion of the property then held <br />hereunder. Recitals in such reconveyance of any matters or facts shall be conclusive proof of the truthfulness thereof. Grantees in the <br />reconveyance may be described as the "person or persons legally entitled thereto." <br />IN WITNESS WHEREOF, Trustors have executed this Deed of Trust on the date first noted above. <br />STATE OF NEBRASKA) <br />) SS <br />COUNTY OF HALL ) <br />qn-J, 2,g� <br />Marlin L. Schweitzer <br />J-k� 2� <br />Sharon K. SQhweitzer <br />The foregoing instrument was acknowledged before me on June 20, 2001, by Marlin L. Schweitzer and <br />Sharon K. Schweitzer, husband and wife. <br />LERAL h '' V 1 of Nebraska <br />I ...,... JC.; ` . °CWSKI <br />My C' 20, 2001 <br />