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200205516
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Last modified
10/14/2011 10:55:04 PM
Creation date
10/22/2005 8:42:12 PM
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DEEDS
Inst Number
200205516
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200205516 <br />powers herein contained, shall prejudice or in any manner affect Trustee's or <br />Beneficiary's right to realize upon or enforce any other security now or <br />hereafter held by Trustee or Beneficiary, it being agreed that Trustee and <br />Beneficiary, and each of them, shall be entitled to enforce this Deed of Trust <br />and any other security now or hereafter held by Beneficiary or Trustee in such <br />order and manner as they or either of them may in their absolute discretion <br />determine. No remedy herein conferred upon or reserved to Trustee or <br />Beneficiary is intended to be exclusive of any other remedy herein or by law <br />provided or permitted, but each shall be cumulative and shall be in addition <br />to every other remedy given hereunder or now or hereafter existing at law or <br />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 <br />otherwise entitled, may be exercised, concurrently or independently, from time <br />to time and as often as may be deemed expedient by Trustee or Beneficiary and <br />either or them may pursue inconsistent remedies. Nothing herein shall be <br />construed as prohibiting Beneficiary from seeking a deficiency judgment <br />against the Trustor to the extent such action is permitted by law. <br />17. FIXTURE FILING. To the extent that improvements and <br />Property constitute fixtures, this instrument shall be filed in the real <br />estate records of the County of the location of the Property and be deemed a <br />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 <br />any of the Loan Instruments conflicts with applicable laws, such conflicts <br />shall not affect other provisions of such Loan Instruments which can be given <br />effect without the conflicting provision, and to this end the provisions of <br />the Loan Instruments are declared to be severable. This instrument cannot be <br />waived, changed, discharged or terminated orally, but only by an instrument in <br />writing signed by the party against whom enforcement of any waiver, change, <br />discharge or termination is sought. <br />19. TRUSTEE'S FEE. In the event of default, unless specifically <br />waived in writing by Trustee, Truster agrees to pay Trustee a fee equal to <br />$50.00, or one -half (',4) of one percent (1 %) of the entire unpaid principal sum <br />secured, whichever is greater, subject to the limits of Neb. Rev. Stat. §76- <br />1012, as amended. <br />20. RECONVEYANCE. Upon payment of all sums secured by this <br />Security Instrument, Beneficiary shall request Trustee to reconvey the <br />Property and shall surrender this Security Instrument and all notes evidencing <br />debt secured by this Security Agreement to Trustee. Trustee shall reconvey <br />the Property without warranty and without charge to the person or persons <br />legally entitled to it. Such person or persons shall pay any recordation <br />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 <br />sale be sent to each person who is a party hereto at the address of such <br />person set forth herein. <br />22. NOTICES. Any notice to Trustor provided for in this <br />Security Instrument shall be given by delivering it or mailing it by first <br />class mail unless applicable law requires use of another method. The notice <br />shall be directed to the Property Address or any other address Trustor <br />designates by notice to Beneficiary. Any notice to Beneficiary shall be given <br />by first class mail to Beneficiary's address stated herein or any other <br />address Beneficiary designates by notice to Trustor. Any notice provided for <br />in this Security Instrument shall be deemed to have been given to Trustor or <br />Beneficiary when 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 />o n H. Henrichs <br />Donna M. Henrichs <br />
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