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<br />r <br /> <br />L <br /> <br />88- <br /> <br />100828 <br /> <br />ficiary, and either of them may pursue inconsistent remedies. Nothing herein shall be construed ss pro- <br />hibiting Beneficiary from seeking a deficiency judgment against Trustor to the extent such action is <br />permitted by law, <br /> <br />15, Request for Notice. Trustor hereby requests a copy of any notice of default and that any notice <br />of sale hereunder be mailed to Trustor at the address set forth in the first paragraph of this Deed of <br />Trus t. <br /> <br />16. Appointment of Successor Trustee. Beneficiary may, from time to time, by written instrument <br />executed and acknowledged by Beneficiary, mailed to Trustor and recorded in the County in which the proper- <br />ty is located and by otherwise complying with the provisions of the applicable law of the State of Nebraska, <br />substitute a successor or successors to the Trustee named herein or acting hereunder. <br /> <br />17. Successors and Assigns. This Deed of Trust applies to and inures to the benefit of and binds all <br />parties hereto, their heirs, legatees, devisees, personal representatives, successors and assigns, The <br />term "Beneficiary" shall mean the owner arid holder of the note, whether or not named as Beneficiary herein, <br /> <br />18. Beneficiary's Powers. Without affecting the liability of any other person liable for the payment <br />of any obligation herein mentioned, and without affecting the lien or charge of this Deed of Trust upon <br />any portion of the property not then or theretofore released as security for the full payment of all unpaid <br />obligations, Beneficiary may, from time to time and without notice: <br /> <br />(a) release any persons so liable; <br /> <br />(b) extend the maturity or aiter any of the terms of any such obligation; <br /> <br />(c) grant other indulgences; <br /> <br />(d) release or re-convey or cause to be released or re-conveyed at any time at <br />Beneficiary's option, any parcel, portion or all of the property; <br /> <br />(e) take or release any other or additional security for any obligation herein <br />mentioned; or <br /> <br />(f) make compositions or other arrangements with debtors in relation thereto. <br /> <br />19. Governulg Law. This Deed of Trust ahall be governed by the laws of the State of Nebraska and, in <br />the event anyone or more of the provisions contained in this Deed of Trust, or the note or any other se- <br />curity instrument given in connection with this transaction shall be for any reason be held to be invalid, <br />illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect <br />any other provisions of this Deee of Trust, but the Deed of Trust shall be construed as if such invalid, <br />illegal or enforceable provision had never been contained herein or therein. <br /> <br />20, Effect of Forbearance, Any forbearance by Beneficiary or Trustee in exercising any right or <br />remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exer- <br />cise of any such right or remedy hereunder. Likewise, the waiver by Beneficiary or Trustee of any default <br />of the Trustor under this Deed of Trust shall not be deemed to be a waiver of any other or similar default <br />subsequently occurring. <br /> <br />21. Re-conveyance by Trustee. Upon written request of the Beneficiary stating that all sums secured <br />hereby have been paid, and upon surrender of this Deed of Trust and the note to the Trustee for cancellation <br />and retention and upon payment by Trustor of Trustee's fees, Trustee shall re-convey to Trustor, or the <br />person or persons legally entitled thereto. without warranty, any portion of the property then held here- <br />under. Recitals in such re-conveyance of any matters or facts shall be conclusive proof of the truthful- <br />ness thereof. Grantees in the re-conveyance may be described as "the person or persons legally entitled <br />thereto. II <br /> <br />22, Acceptance by Trustee. Trustee accepts this trust when this Deed of Trust, duly executed and <br />acknowledged, is made a public record as provided by law. <br /> <br />IN WITNESS WHEREOF, Trustor has executed this Deed of Trust on ~te first note~bove. <br /> <br />cP'('~ ~~~ <br />L~'A <br />. -,~~ <br />S errle . arr <br /> <br />STATE OF NEBRASKA <br /> <br />S8: <br /> <br />COUNTY OF <br /> <br />On this 17th day of Februarv , 198~, before me, the undersigned, a Notary Public <br />duly commissioned and qualified for said County, personally came T 'Y.T1n 1<: Thn' Rr flhf>rri f> A Fl'IrY' J Husband <br />to me known to be the identical person(s) whose name(s) (is/are) subscribed to the foregoing Deed of Trus~ Wife <br />and (he/she/they/it) acknowledged the execution thereof to be (his/her/their/its) voluntary act and deed, <br /> <br />Grand Island, NE <br /> <br />Witness my hand and Notarial Seal at <br /> <br />in said <br /> <br />, the date aforesaid. <br /> <br /> <br />r-'- <br />I <br /> <br />1J <br /> <br />J:COIM. lGf.aI II.... <br />IlARY C. GEItDEI <br />IIr CIIlII. &J .... 1& ,. <br /> <br />j <br />,~ <br />j <br />(. <br />