|
2001100301
<br />Deed of Trust; (3) to the payment of junior trust deeds, mortgages or other lien holders; and (4) the balance, if any, to the
<br />person or persons legally entitled thereto.
<br />(c) Trustee may in the manner provided by law, postpone sale of all or any portion of the Trust Estate.
<br />13. Remedies Not Exclusive. Trustee and Beneficiary, and each of them, shall be entitled to enforce payment and
<br />performance of any indebtedness or obligations secured hereby and to exercise all rights and powers under this Deed of Trust
<br />or under any Loan Instrument or 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, whether by mortgage, deed of trust,
<br />pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement whether by court
<br />action or pursuant to the power of sale or other powers herein contained, shall prejudice or in any manner affect Trustee's or
<br />Beneficiary's right to realize upon or enforce any other security now or hereafter held by Trustee or Beneficiary, it being agreed
<br />that Trustee and Beneficiary, and each of them, shall be entitled to enforce this Deed of Trust and any other security now or
<br />hereafter held by Beneficiary 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 to be exclusive of any other
<br />remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given
<br />hereunder or now or hereafter 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 be exercised, concurrently or
<br />independently, from time to time and as often as may be deemed expedient by Trustee or Beneficiary and either of them may
<br />pursue inconsistent remedies. Nothing herein shall be construed as prohibiting Beneficiary from seeking a deficiency
<br />judgment against the Trustor to the extent such action is permitted by law.
<br />14. Request For Notice. Trustor hereby requests a copy of any notice of default and that any notice of sale
<br />hereunder be mailed to it at the address set forth in the first paragraph of this Deed of Trust.
<br />16. Governing Law. This Deed of Trust shall be governed by the laws of the State of Nebraska. In the event that
<br />any provision or clause of any of the Loan Instruments conflicts with applicable laws, such conflicts shall not affect other
<br />provisions of such Loan Instrument which can be given effect without the conflicting provisions, and to this end the provisions
<br />of the Loan Instruments are declared to be severable. This instrument cannot be waived, changed, discharged or terminated
<br />orally, but only by an instrument in writing signed by the parry against whom enforcement of any waiver, change, discharge or
<br />termination is sought.
<br />16. Reconveyance By Trustee. Upon written request of Beneficiary stating that all sums secured hereby have
<br />been paid, and upon surrender of this Deed of Trust and the Note to Trustee for cancellation and retention and upon payment
<br />by Trustor of Trustee's fees, 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 of any matters of facts shall
<br />be conclusive proof of the truthfulness thereof. The grantee in any reconveyance may be described as "the person or persons
<br />legally entitled thereto ".
<br />17. Notices. Whenever Beneficiary, Trustor or Trustee shall desire to give or serve any notice, demand, request or
<br />other communication with respect to this Deed of Trust, each such notice, demand, request or other communication shall be in
<br />writing and shall be effective only if the same is delivered by personal service or mailed by certified mail, postage prepaid,
<br />return receipt requested, addressed to the address set forth at the beginning of this Deed of Trust. Any party may at this time
<br />change its address for such notices by delivering or mailing to the other parties hereto, as aforesaid, a notice of such change.
<br />18. Acceptance By Trustee. Trustee accepts this Trust when this Deed of Trust, duly executed and
<br />acknowledged, is made a public record as provided by law.
<br />IN WITNESS WHEREOF, Trustor has executed this Deed of Trust as of the day and
<br />year first above written.
<br />Christopher F. Salisbury i ole S. alisbury
<br />STATE OF NEBRASKA, COUNTY OF GOSPER) ss.
<br />The foregoing instrument was acknowledged before me on October 1, 2001, by
<br />Christopher F. Salisbury and Nicole S. Salisbury, husband and wife, Trustor.
<br />ROYCE R. CORDER
<br />' " "` " "``• ' MY COMMISSION EXPIRES
<br />TAs "
<br />February 1, 2005 Notary Pu
<br />RA �'., ry
<br />
|