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200209642 <br />No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to be <br />exclusive 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 or hereafter <br />existing at law or 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 otherwise entitled, may <br />be exercised, concurrently or independently, from time to time and as often as may be deemed <br />expedient by Trustee or Beneficiary and either of them may pursue inconsistent remedies. <br />Nothing herein shall be construed as prohibiting Beneficiary from seeking a deficiency judgment <br />against the Trustor to the extent such action is permitted by law. <br />16. GOVERNING LAW. This Deed of Trust shall be governed by the laws of the State of <br />Nebraska. In the event that any provision or clause of any of the Loan Instruments conflicts with <br />applicable laws, such conflicts shall not affect other provisions of such Loan Instruments which <br />can be given effect without the conflicting provision, and to this end the provisions of the Loan <br />Instruments are declared to be severable. This instrument cannot be waived, changed, discharged, <br />or terminated orally, but only by an instrument in writing signed by the party against whom <br />enforcement of any waiver, change, discharge or termination is sought. <br />17. RECONVEYANCE BY TRUSTEE. Upon written request of Beneficiary stating that all <br />sums secured hereby have been paid, and upon surrender of this Deed of Trust and the Note to <br />Trustee for cancellation and retention and upon payment by Truster of Trustee's fees, Trustee <br />shall reconvey to Trustor, or the person or persons legally entitled thereto, without warranty, <br />any portion of the Trust 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 />reconveyance may be described as "the person or persons legally entitled thereto ". <br />18. REQUEST FOR NOTICE. Trustor hereby requests a copy of any notice of default and <br />that any notice of sale hereunder be mailed to it at the address set forth in the first paragraph of <br />this Deed of Trust. <br />19. NOTICES. Whenever Beneficiary, Truster or Trustee shall desire to give or serve any <br />notice, demand, request or other communication with respect to this Deed of Trust, 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, return <br />receipt requested, addressed to the address set forth at the beginning of this Deed of Trust. 'Any <br />party may at this time change its address for such notices by delivering or mailing to the parties <br />hereto, as aforesaid, a notice of such change. <br />20. ACCEPTANCE BY TRUSTEE. Trustee accepts this Trust when this Deed of Trust, duly <br />executed and acknowledged, is made a public record as provided by law. <br />IN WITNESS WHEREOF, Truster has executed this Deed of Trust as of the day and year <br />first above written. <br />B,.:.. Al. <br />Trustor -Brian N. Markvicka <br />STATE OF NEBRASKA ) <br />) ss. <br />COUNTY OF HOWARD ) <br />Trustor - Christina L. Markvicka <br />The foregoing Deed of Trust was acknowledged before me on tN>. 4t- ,3 <br />2002, by Brian N. Markvicka and Christina L. Markvicka, husband and wife, T ors herein. <br />BE�pN,ppiNtl -fYY d NeEtm�u <br />� am 5 <br />otary Public <br />