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202404862
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Last modified
10/1/2024 3:52:22 PM
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10/1/2024 3:52:22 PM
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DEEDS
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202404862
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202404862 <br />15. Appointment of Successor Trustee. Beneficiary may, from time to time, by written <br />instrument executed and acknowledged by Beneficiary, mailed to Trustor and recorded in the <br />County in which the property is located and by otherwise complying with the provisions of the <br />applicable law of the State of Nebraska, substitute a successor or successors to the Trustee named <br />herein or acting hereunder. <br />16. Successors and Assigns. This Deed of Trust applies to and inures to the benefit of <br />and binds all parties hereto, their heirs, legatees, devisees, personal representatives, successors and <br />assigns. The term "Beneficiary" shall mean the owner and holder of the note, whether or not <br />named as Beneficiary herein. <br />17. Beneficiary's Powers. Without affecting the liability of any other person liable for <br />the payment of any obligation herein mentioned, and without affecting the lien or charge of this <br />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, Beneficiary may, from time to time and without notice. <br />(a) release any persons so liable; <br />(b) extend the maturity or alter any of the terms of any such obligation. <br />(c) grant other indulgences; <br />(d) release or re -convey or cause to be released or re -conveyed at any time <br />at Beneficiary's option, any parcel, portion or all of the property; <br />(e) take or release any other or additional security for any obligation <br />herein mentioned; or <br />(f) make compositions or other arrangements with debtors in relation <br />thereto. <br />18. Governing Law. This Deed of Trust shall be governed by the laws of the State of <br />Nebraska and, in the event any one or more of the provisions contained in this Deed of Trust, or <br />the note or any other security instrument given in connection with this transaction shall be for any <br />reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or <br />unenforceability shall not affect any other provisions of this Deed of Trust, but the Deed of Trust <br />shall be construed as if such invalid, illegal or unenforceable provision had never been contained <br />herein or therein. <br />19. Effect of Forbearance. Any forbearance by Beneficiary or Trustee in exercising any <br />right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or <br />preclude the exercise of any such right or remedy hereunder. Likewise, the waiver by Beneficiary <br />or Trustee of any default of the Trustor under this Deed of Trust shall not be deemed to be a waiver <br />of any other or similar default subsequently occurring. <br />20. Re -conveyance by Trustee. Upon written request of the Beneficiary stating that <br />all sums secured hereby have been paid, and upon surrender of this Deed of Trust and the note to <br />the Trustee for cancellation and retention and upon payment by Trustor of Trustee's fees, Trustee <br />shall re -convey to Trustor, or the person or persons legally entitled thereto, without warranty, any <br />portion of the property then held hereunder. Recitals in such re -conveyance of any matters or <br />facts shall be conclusive proof of the truthfulness thereof. Grantees in the re -conveyance may be <br />described as "the person or persons legally entitled thereto." <br />21. Acceptance by Trustee. Trustee accepts this trust when this Deed of Trust, duly <br />executed and acknowledged, is made a public record as provided by law. <br />5 <br />
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