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200208056 <br />manner affect Trustee'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 and any other security <br />now or hereafter held by Beneficiary or 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 Tontec or Beneficiary is intended to be exclusive of any other remedy herein or <br />by law provided or permitted, but each shall be connotative 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 />Fvery 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 and 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 />consumed as prohibiting Beneficiary from seeking a deficiencyjudgement against the Truster <br />to the extent such action is permitted by law. <br />11 Regrsesi fur Notice. Trustor and all other parties set forth herein hereby requests a copy of <br />any Notice of Default and a copy of may Notice of Sale hereunder be mailed to them at the <br />address set forth in the first paragraph of this Second Deed of Trust. <br />14. Governing Law. This Second Deed of I mst 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 signed by the party against whom enforcement of any waiver, change, <br />discharge or termination is sought. <br />15. Reconveyance by Trustee. Upon written request of Beneficiary stating that all suns secured <br />hereby have been paid and upon surrender of this Second Deed of Tmst and any note to <br />Trustee for cancellation and retention mid upon payment by Trustor of Tmstor's fees,'Irustee <br />shall reconvey to Tmsloy or the persons legally entitled thereto, without warranty, any <br />portion of the Trust Estate then held hereunder. The recitals in such reconveyanee of any <br />matter. or facts shall be conclusive proof of the truthfulness thereof. 'the grantee in any <br />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, <br />denumd, request or other communication with respect to this Second Deed of Trust, each such <br />notice, demand, request or other comtnnnieation 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 />return receipt requested, addressed to the address set forth at the beginning of this Second <br />Deed of Trust Any parry may at anytime change its address for such notices by delivering or <br />mailing to the other panics hereto, as aforesaid, a notice of auch change. <br />17. Acceptance by Trustee. 'trustee accepts this Trust when this Second Dccd of Trust, duly <br />executed and acknowledged, is made a public record as provided by law. <br />