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200316650
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Last modified
10/16/2011 10:56:03 AM
Creation date
10/28/2005 5:01:35 PM
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DEEDS
Inst Number
200316650
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200316650 <br />hereafter in force, notwithstanding some or all of the such indebtedness and <br />obligations secured hereby may now or hereafter be otherwise secured, whether by <br />mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the <br />acceptance of this Deed of Trust nor its enforcement whether by court action or <br />pursuant to the power of sale or other powers herein contained, shall prejudice <br />or in any manner affect Trustee's or Beneficiary's right to realize upon or <br />enforce any other security now or hereafter held by Trustee or Beneficiary, it <br />being agreed that Trustee and Beneficiary, and each of them, shall be entitled <br />to enforce this Deed of Trust and any other security now or hereafter held by <br />Beneficiary or Trustee in such order and manner as they or either of them may in <br />their absolute discretion determine. No remedy herein conferred upon or reserved <br />to Trustee or Beneficiary is intended to be exclusive of any other remedy herein <br />or by law provided or permitted, but each shall be cumulative and shall be in <br />addition to every other remedy given hereunder or now or hereafter existing at <br />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 <br />entitled, may be exercised, concurrently or independently, from time to time and <br />as often as may be deemed expedient by Trustee or Beneficiary and either or them <br />may pursue inconsistent remedies. Nothing herein shall be construed as <br />prohibiting Beneficiary from seeking a deficiency judgment against the Trustor <br />to the extent such action is permitted by law. <br />17. FIXTURE FILING. To the extent that improvements and Property <br />constitute fixtures, this instrument shall be filed in the real estate records <br />of the County of the location of the Property and be deemed a 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 any <br />of the Loan Instruments conflicts with applicable laws, such conflicts shall not <br />affect other provisions of such Loan Instruments which can be given effect <br />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, <br />changed, discharged or terminated orally, but only by an instrument in writing <br />signed by the party against whom enforcement of any waiver, change, discharge or <br />termination is sought. <br />19. TRUSTEE'S FEE. In the event of default, unless specifically <br />waived in writing by Trustee, Trustor agrees to pay Trustee a fee equal to <br />$50.00, or one -half ( ) of one percent (1%) of the entire unpaid principal sum <br />secured, whichever is greater, subject to the limits of Neb. Rev. Stat. 76 -1012, <br />as amended. <br />20. RECONVEYANCE. Upon payment of all sums secured by this <br />Security Instrument, Beneficiary shall request Trustee to reconvey the Property <br />and shall surrender this Security Instrument and all notes evidencing debt <br />secured by this Security Agreement to Trustee. Trustee shall reconvey the <br />Property without warranty and without charge to the person or persons legally <br />entitled to it. Such person or persons shall pay any recordation 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 sale <br />be sent to each person who is a party hereto at the address of such person set <br />forth herein. <br />22. NOTICES. Any notice to Trustor provided for in this Security <br />Instrument shall be given by delivering it or mailing it by first class mail <br />unless applicable law requires use of another method. The notice shall be <br />directed to the Property Address or any other address Trustor designates by <br />notice to Beneficiary. Any notice to Beneficiary shall be given by first class <br />mail to Beneficiary's address stated herein or any other address Beneficiary <br />designates by notice to Trustor. Any notice provided for in this Security <br />Instrument shall be deemed to have been given to Trustor or Beneficiary when <br />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 />Julio-Ramirez <br />; • • A , <br />Miria D. Ramirez <br />0 <br />
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