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200011040
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Last modified
10/13/2011 10:54:29 PM
Creation date
10/20/2005 10:44:52 PM
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DEEDS
Inst Number
200011040
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herealter held by Beneficiary or Trustee in such order and manner 'as they or either of them may in their absolute discretion <br />detennine. No remedy herein conferred upon or reserved to Trustee or. Beneficiary Is intended to be exclusive of any other remedy <br />herein or by law provided or permitted, but each shalt be cumulative and shall be in addition to every other remedy given hereundeâ–º <br />or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Loan Instruments tc <br />Trustee or Beneficiary or to which either of them'may be Otherwise entitled, may be exercised, concurrently or independently, frorr <br />time to time and as often as may be deemed expedient by Trustee or Beneficiary and either of them may pursue inconsistent <br />remedies. Nothing herein shall be construed as prohibiting Beneficiary from seeking a deficiency judgment against the Trustor tc <br />the extent such action is permitted by law. <br />13. Raquest For Notice. Trustor and all other parties set forth herein hereby requests a copy of any Notice of Default <br />and a copy of any Notice of Sale hereunder be mailed to them at the address set forth in the first paragraph of this Second Deec <br />of Trust. <br />14. Governing Law. This Second Deed of Trust shall be governed by and construed in accordance with the laws of <br />the State of Nebraska. In the event that any provision or clause of any of the Loan Instruments conflicts with applicable laws, sucr. <br />conflict shall not affect other provisions of such Loan Instruments which can be given effect without the conflicting provision, and <br />to this end the provisions of the 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 whom enforcement of any waiver, <br />change, discharge or termination is sought. <br />15. Reconvoyanca by Trustaa. Upon written request of Beneficiary stating that all Burns secured hereby have been <br />paid and upon surrender of this Second Deed of Trust and any note to Trustee for cancellation and retention and upon payment by <br />Trustor of Trustee's fees, Trustee shall reconvey to Trustor, or the person or persons legally entitled thereto, without warranty, any <br />portion of the Trust Estate then held hereunder. The recitals in such reconveyance of any matters or facts shall be conclusive proof <br />of the truthfulness thereof. The grantee in any reconveyance may be described as "the person or persons legally entitled thereto." <br />16. Notices. Whenever Beneficiary, Trustor or Trustee shall desire to give or serve any notice, demand, request or <br />other communication with respect to this Second Deed of Trust, each such notice, demand, request or other communication shall <br />be in 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 Second Deed of Trust. Any party may at any <br />time change its address for such notices by delivering or mailing to the other parties hereto, as aforesaid, a notice of such change. <br />17. Acceptance by Trustee. Trustee accepts this Trust when this Second Deed of Trust, duly executed and <br />acknowledged, is made a public record as provided by law. <br />4 <br />
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