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200401341 <br />or by law provided or permitted, but each shall be cumulative and shall be in <br />addition to every other remedy given hereunder or now or hereafter existing at <br />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 <br />entitled, may be exercised, concurrently or independently, from time to time and <br />as often as may be deemed expedient by Trustee or Beneficiary and either or them <br />may pursue inconsistent remedies. Nothing herein shall be construed as <br />prohibiting Beneficiary from seeking a deficiency judgment against the Trustor <br />to the extent such action is permitted by law. <br />17. FIXTURE FILING. To the extent that improvements and Property <br />constitute fixtures, this instrument shall be filed in the real estate records <br />of the County of the location of the Property and be deemed a fixture filing. <br />18. GOVERNING LAW. This Deed of Trust shall be governed by the <br />laws of the State of Nebraska. In the event that any provisions or clause of any <br />of the Loan Instruments conflicts with applicable laws, such conflicts shall not <br />affect other provisions of such Loan Instruments which can be given effect <br />without the conflicting provision, and to this end the provisions of the Loan <br />Instruments are declared to be severable. This instrument cannot be waived, <br />changed, discharged or terminated orally, but only by an instrument in writing <br />signed by the party against whom enforcement of any waiver, change, discharge or <br />termination is sought. <br />19. TRUSTEE'S FEE. In the event of default, unless specifically <br />waived in writing by Trustee, Trustor agrees to pay Trustee a fee equal to <br />$50.00, or one -half ( ) of one percent (1%) of the entire unpaid principal sum <br />secured, whichever is greater, subject to the limits of Neb. Rev. Stat76 -1012, <br />as amended. <br />20. RECONVEYANCE. Upon payment of all sums secured by this <br />Security Instrument, Beneficiary shall request Trustee to reconvey the Property <br />and shall surrender this Security Instrument and all notes evidencing debt <br />secured by this Security Agreement to Trustee. Trustee shall reconvey the <br />Property without warranty and without charge to the person or persons legally <br />entitled to it. Such person or persons shall pay any recordation costs. <br />21. REQUEST FOR NOTICES. Trustor requests that copies of the <br />notices of default and sale be sent to Trustor's address which is the Property <br />Address. Trustor further requests that copies of the notices of default and sale <br />be sent to each person who is a party hereto at the address of such person set <br />forth herein. <br />22. NOTICES. Any notice to Trustor provided for in this Security <br />Instrument shall be given by delivering it or mailing it by first class mail <br />unless applicable law requires use of another method. The notice shall be <br />directed to the Property Address or any other address Trustor designates by <br />notice to Beneficiary. Any notice to Beneficiary shall be given by first class <br />mail to Beneficiary's address stated herein or any other address Beneficiary <br />designates by notice to Trustor. Any notice provided for in this Security <br />Instrument shall be deemed to have been given to Trustor or Beneficiary when <br />given as provided in this paragraph. <br />23. ACCEPTANCE BY TRUSTEE. Trustee accepts this Trust when this <br />Deed of Trust, duly executed and acknowledged, is made a public record as <br />provided by law. <br />IN WITNESS WHEREOF, Trustor has executed this Deed of Trust as of <br />the day and year first above written. <br />Ryan Plummer <br />STATE OF NEBRASKA ) <br />SS <br />COUNTY OF ) <br />SA/117 /7 Z�K _/ , _,L& 64-Q-41— <br />Shannon Plummer <br />The foregoing Deed of Trust was acknowledged before me on February <br />11, 2004, by Ryan Plummer and Shannon Plummer, husband and wife, as their free <br />and voluntary <br />GENERAL NOTARY -State of Nebraska <br />NATALIE A. MEYER (,-4 <br />MYCOMM. UP. Dec. 12, 2004 N ary Public <br />My Commission-Expires: <br />4 <br />