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`1 ' 99: �0491z <br /> � Remedies: No remedy herein provided shali 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 obliyation 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 tl�e provisions of this Deed of Trust are declared to be severable. <br /> General Provisions: (a) Thiis 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) Wt�erever 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: c/o T & E Cattle Company <br /> 4444 West 13th St. Grand Island NE 68803 <br /> IN WITNESS WHEREOF, Trustor has executed this Deed of Trust on the date first above written. <br /> Th mas S. Baxter <br /> n � � <br /> INDIVIDUAL/PARTNERSHIP/CORPORATE ACKNOWLEDGMENT <br /> State of iIJL ) <br /> )SS <br /> County of �au.�l Q.S ) <br /> �.J �� <br /> Before me,a Notary Public, personally came 1 ho nna s � �Ql���` <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 parinership 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. l� <br /> Witness my hand and Notarial Seal this���ay of /�ct+'�/l , 19�- <br /> �i��....� � ��-�-"''—� <br /> ��� GENERAI NOTARY•S!ate of Nebraska Notary Public <br /> KEVIN P.THOMPSON <br /> My Comm.Exp.Nov.18,1000 <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 , 19_ <br /> Notary Public <br /> .,..,..,,,,,o o,o� o...e�..<< <br />