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200601076 the Property and collection of rents, including, but not limited to, receiver's fees, premiums on receiver's bonds and reasonable attorney's fees, and then to the sums secured by this Security Instl1lment. 16. REMEDIES NOT EXCLUSNE. Trustee and Beneficim.y, and each of them, sballbeentitled to entbrce payment and performance of any indebtedness or obligations secured hereby and to exercise all rights and powers under this Deed ofTlust or under any Loan Instnuncnt or other agreement or any laws now or hereafter in force, notwithstanding some or all of the such indebtedness and obligations secured hereby may now or hereafter be otherwise secured, whether by mortgage, deed of trust, pledge, lien, assignment or olherwise. Neither the acceptance of this Deed of Trust nor its enforcement whether hy court action or pursuant to the power of sale or other powers herein contained, shall prejudice or in any =1' affect Tlustee's or Beneficiary's right to realize upon or enforce any other security now or hereafter held by Trostee or Beneficiary, it being agreed that Trustee and Beneficiary, and each of them, shall be entitled 10 enforce this Deed ofTmst and any other security now or hereafter held by Beneficiary or Trustee in sucb order and manner as they or either of them may in their absolute discretion determine. No remedy herein confeITed upon or reserved to Trustee or Beneficiary is intended to he exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given .hereunder or nOW or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Loan Instruments to Trustee or Beneficiary or to which either of them may be otherwise entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedicnt by TI1Jlltee Or Beneficiary and either or lhem. may pursue inconsistent remedies. Nothing herem shall be constmed as prohibiting Beneficiary from seeking a deficiency judgment against the Trustor to the extent such action is permitted by law. 17. FIXTURE FILING. To the extent that improvements and Property constitute fixtures, Uris instnuncnt shall be filcd m the real estate records of the County of the location of the Property and be deemed a fixture filing. 1 B. GOVERNING LAW. This Deed of Trust shall be governed by the laws of the State of Nebraska. In the event that any provisions or clause of any of the Loan Instmments contlicts with applicable laws, such conflicts shall not affect other provisions of such Loan Instmments which can be given effect without the conflicting provision, and to this end the provisions of the Loan Instruments are declared to be severable. Thi.~ instrument cannot be waived, changed, discharged or terminated orally, but only by an instrument in writing signed by the party against whom enforcement of any waiver, change, discharge or termination is sought. 19. TRUSTEE'S FEE. In. the event of default, unless specifically waived in writing by Trustee, Tru.qtor agrees to pay Trustec a fee equal to $50.00, or one-half (Vo) of one percent (1 %) of the cntirc unpaid principal sum secured, whichevcr is greater, subject to the limits of Neb . Rev. Stat ~76-1012, as amended. 20. RECONVEYANCE. Upon payment of all sums secured by this Security Instrument, Beneficiary shall requcst Trustee to reconvey the Property and shall surrender this Security Instrument and all notes evidencing debt secured by this Sec\u~ty Agreement to Trustce. Ttu..tee shall reconvey the Property without warranty and without charge to the person or persons legally entitled to it. Such person or pcrsons sball pay any recordation costs. 21. REQU~ST FOR NOTICES, Trustor requests that copics of the notices of default and sale be sent to Trustor's address which is the Property Address. TI1lstor further requests that copies of the notices of default and sale be sent to each person who is a party hereto at the addJ.-ess of such person set forth herein. 22. NOTICES. Any notice to Trustor provided for in this Security Instrument shall be given by delivering it or mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Trustor designates by notice to Beneficiary. Any notice to Beneficiary shall be given by first class mail to Beneficiary's address stated herein or any other address Beneficial')' designates by notice to Trustor. Any notice provided for in this Security Instrument shall be deemed to have been given to Trustor or Beneficiary when given as provided in Uris paragraph. 23. ACCEPTANCE BY TRUSTEE. Tmstec accepts this Trust whcn this Deed of Trust, duly executed and acknowledged, is illade a public record as provided by law. IN WITNESS WHEREOF, Trustor has executed this Deed of Trust as of the day and year ficst above _~~-11cJ2-- /.- 3/-Orp Jabu T. Dack ----/ . ft,~ A OO--d{- written. STATE OF NEBRASKA COUNTY OF HALL ) ~ ss The foregoing need of Trust was acknowledged before me on Janllary 31, 2006, by Jerod T. Dackand Stephanie A. Dack, husband and wife, as their free and voluntary act and d d. ~~ My Commission Expires: ~-/ i-"~ l GENERAL NOTARY. State of Nebraska KELLY S. FITCHHOAN My Comm. Exp. Feb. 14, 2006 . -.. ~; 3