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99106813
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3/13/2012 6:25:24 PM
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10/20/2005 11:56:27 PM
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DEEDS
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99106813
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99 106� �3 <br />� 'power or remedy given by any of the loan instruments to Trustee or the Beneficiary or to which either of them may be otherwise <br /> entitled may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Trustee or <br /> Beneficiary, and either of them may pursue inconsistent remedies. Nothing herein shall be construed as prohibiting the Beneficiary <br /> from seeking a deficiency judgment against Trustors to the ea�tent such action is permitted by law. <br /> 14. Trustors hereby request a copy of any notice of default and that any notice of sale hereunder be mailed to Trustors at the <br /> address set forth in the first paragraph of this Deed of Trust. <br /> 1S. The Beneficiary may,by a written instrument executed and acknowledged by Beneficiary, mailed to Trustors and recorded in <br /> the County in which the property is located and by othenvise complying with the provisions of the applicable law of the State of <br /> Nebraska, substitute a successar to the Trustee named herein or acting hereunder. ` <br /> 16. This Deed of Trust applies to and inures to the benefit of and binds all parties hereto, their heirs, personal representatives, <br /> successors and assigns. The term "Beneficiary" shall mean the owner and holder of the note, whether or not named as Beneficiary <br /> herein. <br /> 17. Without affecting the liability of any other person liable for the payment of any obligation herein mentioned, and without <br /> affecting the lien or charge of this 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, the Beneficiary may, from time to time and without notice: (a) release any persons so liable; <br /> (b) extend the maturity or alter any of the terms of any such obligation; (c) grant other indulgences; (d) release or reconvey at the <br /> Beneficiary's option any parcel, portion or all of the property; (e) take or release any other or additional security for any obligation <br /> herein mentioned;or(t�make compositions or other anangements with debtors in relation thereto. <br /> 18. This Deed of Trust shall be governed by the laws of the State of Nebraska and, in the event any one or more of the provisions <br /> contained herein, or the note or any other security instrument given in connection with this transaction shall be for any reason held <br /> to be invalid, illegal or unenforceable, in any respect, such invalidity, illegality or unenforceability shall not affect any other <br /> provisions of this Deed of Trust, but the Deed of Trust shall be construed as if such invalid, illegal or unenforceable provision had <br /> never been contained herein or therein. <br /> 19. Any forbearance by the Beneficiary or Trustee in exercising any right or remedy hereunder, or othenvise afforded by <br /> applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy hereunder. Likewise, the waiver by the <br /> Beneficiary or Trustee of any default of the Trustors under this Deed of Trust shall not be deemed to be a waiver of any other or <br /> similar default subsequently occurring. <br /> 20. Upon the written request of the Beneficiary stating that all sums secured hereby have been paid, and upon surrender of this <br /> Deed of Trust and the note to the Trustee for cancellation and retention and upon payment by Trustors of Trustee's fees,Trustee shall <br /> reconvey to Trustors, or the person or persons legally entitled thereto, without warranty, any portion of the property then held <br /> hereunder. Recitals in such reconveyance of any matters or facts shall be conclusive proof of the truthfulness thereof. Grantees in <br /> the reconveyance may be described as the"person or persons legally entitled thereto." <br /> IN WITNESS WHEREOF, Trustors have executed this Deed of Trust on the date first noted above. <br /> � <br /> DOUGLAS L. ROTH <br /> � � <br /> STATE OF NEBRASKA) TRACEY L. ROTH <br /> ) SS <br /> COUNTY OF HALL ) <br /> The foregoing instrument was acknowledged before me on June 28, 1999, by DOUGLAS L. ROTH and <br /> TRACEY L. ROTH, husband and wife. <br /> / <br /> . GENERAI NOTARY-S�qte pt ke,^,rsslw NOTARY PUBLIC <br /> ' IRVIN BA 1YI <br /> ... .. My Comm.Exp. .. — � <br />
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