|
<br />200607227
<br />
<br />pursuant to the power of sale or other powers herein contained, shall prejudice or in any manner affect
<br />Trustee's or Beneficiary's right to realize upon or enforce any other security now or hereafter held by Trustee
<br />or Beneficiary, it being agreed that Trustee and Beneficiary, and each ofthem, shall be entitled to enforce
<br />this Deed of Trust and any other security now or hereafter held by Beneficiary or Trustee in such order and
<br />manner as they or either of them may in their absolute discretion determine. No remedy herein conferred
<br />upon or reserved to Trustee or Beneficiary is intended to be exclusive of any other remedy herein or by law
<br />provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given
<br />hereunder or now or hereafter existing at law or in equity or by statute. Every power given by any of the Loan
<br />I nstruments to Trustee or Beneficiary or to which either of them may be otherwise entitled may be exercised,
<br />concurrently or 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 construed as
<br />prohibiting Beneficiary from seeking a deficiency judgment against the Trustor to the extent such action is
<br />permitted by law.
<br />
<br />13. Assil!nment of Rents. For the purpose of finishing further security for the debt secured
<br />hereby, Trustor hereby assigns, transfers and sets over to the Beneficiary, to be applied toward the payment
<br />ofthe Note and all other sums secured hereby or evidenced by the Loan Instruments, in case of default in
<br />the performance of any of the terms and conditions ofthis Deed of Trust, or the said Note, or the terms of
<br />any Loan Instruments, all the rents, revenues and incomes, if any, to be derived from the Property during
<br />such time as the Note shall remain unpaid; and the Beneficiary shall have the power to appoint any agent or
<br />agents it may desire for the purpose of repairing the Property and of renting the same and collecting the rents,
<br />revenues and income, and it may payout of said income all expenses of repairing the Property and necessary
<br />commissions and expenses incurred in renting and managing the same and of the payment of insurance
<br />premiums and of collecting rentals therefrom, and the balance remaining, if any, to be applied toward the
<br />discharge ofthe Note.
<br />
<br />14. Request for Notice. Trustor hereby requests a copy of any notice of default and that any
<br />notice of sale hereunder be mailed to it at the address set forth in the first paragraph of this Deed of Trust.
<br />
<br />15. Governing Law. This Deed of Trust shall be governed by the laws ofthe State of Nebraska.
<br />In the event that any provision or clause of any of the Loan Instruments conflicts with applicable laws, such
<br />conflicts shall not affect other provisions of such Loan Instruments which can be given effect without the
<br />conflicting 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 instrument in
<br />writing signed by the party against whom enforcement of any waiver, change, discharge or termination is
<br />sought.
<br />
<br />16. Reconvevance by Trustee. U pan written request of Beneficiary stating that all sums secured
<br />hereby have been paid, and upon surrender of this Deed of Trust and the Note to Trustee for cancellation and
<br />retention, and upon payment by Trustor of Trustee's fees, Trustee shall reconvey to Trustor, or the person
<br />or persons legally entitled thereto, without warranty, any portion of the Trust Estate then held hereunder. The
<br />recitals in such reconveyance of any matters or facts shall be conclusive proof of the truthfulness thereof.
<br />The grantee in any reconveyance may be described as "the person or persons entitled thereto."
<br />
<br />17. Notices. Whenever Beneficiary, Trustor or Trustee shall desire to give or serve any notice,
<br />demand, request or other communication with respect to this Deed of Trust, each such notice, demand,
<br />request or other communication shall be in writing and shall be effective only if the same is delivered by
<br />personal service or mailed by certified, mail, postage prepaid, return receipt requested, addressed to the
<br />address set forth at the beginning of this Deed of Trust. Any party may at any time change its address for
<br />such notices by delivering or mailing to the other parties hereto, as aforesaid, a notice of such change.
<br />
<br />-5-
<br />
|