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99109388
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Last modified
3/13/2012 7:27:38 PM
Creation date
10/21/2005 12:49:21 AM
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DEEDS
Inst Number
99109388
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9� � 093.�8 <br /> hereafter held by Beneficiary or Trustee in such order and manner 'as�they or either of them may in their absolute discretior <br /> determine. No remedy here.in conierred upon or reserved to Trustee oc Beneficiary is intended to be exclusive of any other remed� <br /> herein or by law provided or permitted, but each shalt be cumulative and shall be in addition to every other remedy given hereunde� <br /> or now or hereafter existing at law or in equity or by statute. Every power or remedy piven by any of the Loan Instruments tc <br /> Trustee or Beneficiary or to which either of them�may be bthervvise entitled, may be exercised, concu�rently or independently, frorr <br /> time to time and as often as may be deemed expedient by Trustee or Be�eficiary 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. Request for Notica. Trustor and all other parties set forth herein hereby requests a copy of any Notice of Default <br /> and a copy of any Notice oi 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 oi <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 confticting 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. Reconveyance by Trustee. Upon written request of Beneficiary stating that all sums 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, ur 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 prool <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 T�usiee. 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 /> s <br /> 4 <br />
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