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200308475
<br />rights and powers given to the Trustee and Beneficiary herein, the Beneficiary shall have all such
<br />other rights both in law and equity for collection of the indebtedness secured hereby as it would have
<br />but for this Deed of Trust; 0) all covenants and agreements of Trustor set forth in this Deed of Trust
<br />shall be joint and several; (k) this Deed of Trust shall be governed by the laws of the State of
<br />Nebraska; (1) in the event any one or more of the provisions contained in this Deed of Trust, or the
<br />Note or any other security instrument given in connection with the indebtedness hereby secured shall
<br />for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality,
<br />or unenforceability shall, at the option of Beneficiary, not affect any other provision of this Deed of
<br />Trust, but this Deed of Trust shall be construed as if such invalid, illegal, or unenforceable provision
<br />had never been contained herein or therein. If the lien of this Deed of Trust is invalid or
<br />unenforceable as to any part of the indebtedness hereby secured or evidenced by the Note, or if the
<br />lien is invalid or unenforceable as to any part of the Property, the unsecured or partially secured
<br />portion of such indebtedness shall be completely paid prior to the payment of the remaining and
<br />secured or partially secured portion of such indebtedness, and all payments made on such
<br />indebtedness, whether voluntary or under foreclosure or other enforcement action or procedure, shall
<br />be considered to have been first paid on and applied to the full payment of that portion of such
<br />indebtedness which is not secured or not fully secured by the lien of this Deed of Trust; and (m) the
<br />covenants and agreements contained in this Deed of Trust shall bind, and the benefits and advantages
<br />hereof shall inure to the respective heirs, executors, administrators, successors and assigns of the
<br />parties hereto. Wherever used herein, the singular number shall include the plural and conversely,
<br />and the use of any gender shall be applicable to all genders. Wherever the term "Beneficiary" is used
<br />herein, it shall include the legal holder or holders of the Note or the indebtedness secured hereby.
<br />SEVENTH: Upon written request of Beneficiary stating that all amounts and indebtedness
<br />secured hereby have been paid, and upon surrender of this Deed of Trust and the Note to Trustee for
<br />the cancellation and retention and upon payment by Trustor of Trustee's fees, Trustee shall reconvey
<br />to Trustor, or the person or persons legally entitled thereto, without warranty, any portion of the
<br />Property then held by Trustee hereunder. The recitals in such reconveyance of any matters or facts
<br />shall be conclusive proof of the truthfulness thereof. The grantee of any reconveyance may be
<br />described as "the person or persons legally entitled thereto."
<br />EIGHTH: Except for any notices, demands, requests or other communications required
<br />under applicable law to be given in another manner, whenever Beneficiary, Trustor or Trustee gives
<br />or serves any notice (including, without limitation, notice of default and notice of sale), demands,
<br />requests or other communications with respect to this Deed of Trust, each such notice, demand,
<br />request or other communication shall be in writing and shall be effective only if the same is delivered
<br />by personal service or mailed by certified mail, postage prepaid, return receipt requested, addressed
<br />to the address of the party to whom mailed as set forth at the end of this Deed of Trust. Any party
<br />may at any time change its address for such notices by delivering or mailing to the other parties
<br />hereto, as aforesaid, a notice of such change. Any notice hereunder shall be deemed to have been
<br />given to Trustor or Beneficiary when given in the manner designated herein.
<br />IN WITNESS WHEREOF, the Trustor has signed and delivered this Deed of Trust the day
<br />and year first above written.
<br />- Y10,V';,7
<br />James P. Kramer, TRUSTOR
<br />YA
<br />ette C. Kram T USTOR
<br />Post Office Address:
<br />5050 S. Elk Dr.
<br />Grand Island, NE 68803
<br />Name and Address of Beneficiary:
<br />Jerry Lee Hoffer and Roxanne Hoffer
<br />3928 Chelsea Place
<br />Grand Island, NE 68803
<br />Post Office Address:
<br />809 South `B" Rd.
<br />Doniphan, NE 68832
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