Laserfiche WebLink
200306 &77 <br />realize upon or enforce any other security now or hereafter held by Trustee or <br />Beneficiary, it being agreed that Trustee and Beneficiary, and each of them, <br />shall be entitled to enforce this Deed of Trust and any other security now or <br />hereafter held by the Beneficiary or Trustee in such order and manner as they, <br />or either of them, may in their absolute discretion determine. No remedy herein <br />conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive <br />of any other remedy herein or by law provided or permitted, but each shall be <br />cumulative and shall be in addition to every other remedy given hereunder or now <br />or hereafter existing at law or in equity or by statute. Every power or remedy <br />given by any of the loan instruments to Trustee or Beneficiary or to which either <br />of them may be otherwise entitled may be exercised, concurrently or <br />independently, from time to time, and as often as may be deemed expedient by <br />Trustee or Beneficiary, and either of them may pursue inconsistent remedies. <br />Nothing herein shall be construed as prohibiting Beneficiary from seeking a <br />deficiency judgment against Truster to the extent such action is permitted by <br />law. <br />14. Request for Notice. Truster hereby requests a copy of any notice of <br />default and that any notice of sale hereunder be mailed to Trustor at the address <br />set forth in the first paragraph of this Deed of Trust. <br />15. Appointment of Successor Trustee. Beneficiary may, from time to time, <br />by written instrument executed and acknowledged by Beneficiary, mailed to Trustor <br />and recorded in the County in which the property is located and by otherwise <br />complying with the provisions of the applicable law of the State of Nebraska, <br />substitute a successor or successors to the Trustee named herein or acting <br />hereunder. <br />16. Successors and Assigns. This Deed of Trust applies to and inures to <br />the benefit of and binds all parties hereto, their heirs, legatees, devisees, <br />personal representatives, successors and assigns. The term "Beneficiary" shall <br />mean the owner and holder of the note, whether or not named as Beneficiary <br />herein. <br />17. Beneficiary's Powers. Without affecting the liability of any other <br />person liable for the payment of any obligation herein mentioned, and without <br />affecting the lien or charge of this need of Trust upon any portion of the <br />property not then or theretofore released as security for the full payment of all <br />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 <br />obligation. <br />(c) grant other indulgences; <br />(d) release or re- convey or cause to be released or re.- <br />conveyed at any time at Beneficiary's option, any parcel, portion or <br />all of the property; <br />(e) take or release any other or additional security for any <br />obligation herein mentioned; or <br />(f) make compositions or other arrangements with debtors in <br />relation thereto. <br />18. Governing Law. This Deed of Trust shall be governed by the laws of <br />the State of Nebraska and, in the event any one or more of the provisions <br />contained in this Deed of Trust, or the note of any other security instrument <br />given in connection with this transaction shall be for any reason be held to be <br />invalid, illegal or unenforceable in any respect, such invalidity, illegality or <br />unenfoiceability shall not affect any other provisions of this Deed of Trust, but <br />the Deed of Trust shall be construed as if such invalid, illegal or unenforceable <br />provision had never been contained herein or therein. <br />19. Effect of Forbearance. Any forbearance by Beneficiary or Trustee in <br />exercising any right or remedy hereunder, or otherwise afforded by applicable <br />law, shall not be a waiver of or preclude the exercise of any such right or <br />remedy hereunder. Likewise, the waiver by Beneficiary or Trustee of any default <br />of the Trustor under this Deed of Trust shall not be deemed to be a waiver of any <br />other or similar default subsequently occurring. <br />20. Re- conveyance by Trustee. Upon written request of the Beneficiary <br />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 <br />payment by Trustor of Trustee's fees, Trustee shall re- convey to Trustor, or the <br />person or persons legally entitled thereto, without warranty, any portion of the <br />property then held hereunder. Recitals in such re- conveyance of any matters or <br />facts shall be conclusive proof of the truLhfulness thereof. Grantees in the re- <br />conveyance may be described as "the person or persons legally entitled thereto." <br />21. Acceptance by Trustee. Trustee accepts this trust when this Deed of <br />