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200110094 <br />Remedies: No remedy herein provided shall be exclusive of any other remedy herein or now or hereafter <br />existing by law, but shall be cumulative. Every power or remedy hereby given to Trustee or to Beneficiary or to which <br />either of them may be otherwise entitled, may be exercised from time to time and as often as may be deemed <br />expedient by them, and either of them may pursue inconsistent remedies. If Beneficiary holds any additional security <br />for any obligation secured hereby, it may enforce the sale thereof at its option, either before, contemporaneously <br />with, or after the sale is made hereunder, and on any default of Maker, Beneficiary may, at its option, offset against <br />any indebtedness secured hereby, and the Beneficiary is hereby authorized and empowered at its option, without <br />any obligation so to do, and without affecting the obligations hereof, to apply toward the payment of any <br />indebtedness of the Maker to the Beneficiary, any and all sums of money of Maker which Beneficiary may have in its <br />possession or under its control, including, without limiting the generality of the foregoing, any savings account, <br />deposit, investment certificate, escrow or trust funds. <br />Law Applicable: This Deed of Trust shall be construed according to the laws of the State of Nebraska. <br />Illegality: In the event that any provision or clause of this Deed of Trust conflicts with applicable law, such <br />conflict shall not affect other provisions of this Deed of Trust which can be given effect without the conflicting <br />provision, and to this end the provisions of this Deed of Trust are declared to be severable. <br />General Provisions: (a) This Deed of Trust applies to, inures to the benefit of, and binds, all parties hereto, <br />their heirs, legatees, devisees, administrators, executors, successors and assigns; (b) The term "Beneficiary" shall <br />mean the owner and holder (including a pledgee) of any note secured hereby, whether or not named as Beneficiary <br />herein; (c) Wherever the context so requires, the masculine gender includes the feminine and neuter, the singular <br />number includes the plural, and vice versa; (d) Captions and paragraph headings used herein are for convenience <br />only, are not a part of this agreement, and shall not be used in construing it. If more than one person is named <br />herein as Maker, each obligation of Maker shall be the joint and several obligation of each such person. The rights or <br />remedies granted hereunder, or by law, shall not be exclusive, but shall be concurrent and cumulative. <br />TRUSTEE ACCEPTS this Trust when this Deed, duly executed and acknowledged, is made a public record as <br />provided by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or <br />any action or proceeding in which Trustor, Beneficiary or Trustee shall be a party, unless brought by Trustee. <br />Mailing address for notices to Trustor: 7225 N. 69th Circle <br />Omaha, NE 68152 <br />IN WITNESS WHEREOF, Trustor has executed this Deed of Trust on the date first above written. <br />BE SHANNON BUI ERS;, NC <br />ES B. GORDON, PRESIDENT <br />INDIVIDUAL/ PARTNERSHIP/ CORPORATE ACKNOWLEDGMENT <br />State of NEBRASKA ) <br />) SS <br />County of WASHINGTON ) <br />Before me, a Notary Public, personally came James B. Gordon, President of Beau <br />Shannon Builders, Inc. <br />known to me to be the identical person(s) who signed the foregoing instrument and acknowledged the execution <br />thereof to be his, her, or their voluntary act and deed, and if married, intending to bind his/her separate estate; and if <br />executed on behalf of a corporation or partnership the execution thereof was the signer's voluntary act and deed as <br />such officer /general partner and the voluntary act and deed of said corporation/partnership, duly authorized as <br />required by law. <br />Witness my hand and Notarial Seal this 20thday of September 2001. <br />GENERAL. NOTARY -State of Nebraska otary Public <br />CARtA R. PECK <br />et My Comm. UP. March 17, 2005 <br />INDIVIDUAL/ PARTNERSHIP/ CORPORATE ACKNOWLEDGMENT <br />State of ) <br />) SS <br />County of ) <br />Before me, a Notary Public, personally came <br />known to me to be the identical person(s) who signed the foregoing instrument and acknowledged the execution <br />thereof to be his, her, or their voluntary act and deed, and if married, intending to bind his/her separate estate; and if <br />executed on behalf of a corporation or partnership the execution thereof was the signer's voluntary act and deed as <br />such officer /general partner and the voluntary act and deed of said corporation/partnership, duly authorized as <br />required by law. <br />Witness my hand and Notarial Seal this day of <br />Notary Public <br />LOC • 042 3191 Page S of S <br />