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200205556 <br />manner affect Trualn;'s or Beneficiary's right to realize upon or enforce any other security <br />now or hereafter held by Trustee or Beneficiary, it being agreed that Trustee and Beneficiary, <br />and each of them. shall be entitled to enforce this Second Deed of Trust mid any other security <br />now or hereafter held by Beneficiary or'1'trustee in such order and manner as they or either of <br />them may in their absolute discretion determine. No remedy herein conferred upon or <br />reserved to Trustee or Beneficiary is intended to be exclusive of any other remedy herein or <br />by law provided or permitted, but each shall be cumulative and shall be in addition to every <br />other remedy given hereunder or now hereafter existing at law or in equity or by statute. <br />Every power or remedy given by any of the Loan Instruments to Trustee or Beneficiary or to <br />which either of them may be otherwise entitled, may be exercised, concurrently or <br />independently, from time to time mid as often as may be deemed expedient by Trustee or <br />Beneficiary and either of them may pursue inconsistent remedies. Nothing herein shall be <br />construed as prohibiting Beneficiary from seeking a deficiency judgement against the Truster <br />to the extent molt action is permitted by law. <br />I I Reyuestfor No[iee. Trustor and all other parties set Girth herein hereby requests a copy of <br />any Notice of Default and a copy of any Notice of Sale hereunder be muiled to them at the <br />address set forth in the first paragraph of this Second Deed of Trust. <br />14. Governing Law. 'I'bis Second Deed of Trust shall be governed by and construed in <br />accordance with the laws of the State of Nebraska. In the event that any provision or clause <br />of any of the Loan Instruments conflicts with applicable laws, such conflict shall not affect <br />other provisions of such Loan Instruments which can be given effect without the conflicting <br />provision, and to this end the provisions of the Loan Instruments are declared to be severable. <br />This Instrument cannot be waived, changed, discharged or terminated orally, but only by an <br />instrument in writing signal by the party against whom enforcement of any waiver, change, <br />discharge or termination is sought. <br />15. Reconveyance by Tru.stro Upon written request of Beneficiary stating that all sums secured <br />hereby have been paid and upon surrender of this Second Deed of Trust and any note to <br />"Trustee for cancellation and retention and upon payment by Tmstor ofTrustor's fees, Trustee <br />shall reconvcy to Trustor, or the persons legally entitled thereto, without warranty, any <br />portion of the I rust Estate then held hereunder. The recitals in such reconveyance of any <br />matters or facts shall be conclusive proof of the truthfulness thereof. The grantee in any <br />rewm,eyance may be described as "the person or persons legally entitled thereto." <br />16. Notic.. Whenever Beneficiary, Trustor or Trustee shall desire to give or serve any notice, <br />demand, request or other communication with respect to this Second Deed of 'I rust, each such <br />notice, demand, request or other communication shall be in writing and shall be effective only <br />if the same is delivered by personal service or mailed by certified mail, postage prepaid, <br />ream receipt requested, addressed to the address set for at the beginning if this Second <br />Deed of Trust. Any party may at any time change its address for such notices by delivering or <br />mailing to the other parties hereto, as of rresaid, a notice of such change. <br />17. Acceptance by Trustee. Tmstec accepts this Trust when this Second Deed of Trust, duly <br />executed and acknowledged, is made a public record as provided by law. <br />