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<br />88-101174 <br /> <br />r <br /> <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 of them <br />may pursue inconsistent remedies. Nothing herein shall be construed as <br />prohibiting Beneficiary from seeking a deficiency judgment against the Trustor to <br />the extent such action is permitted by law. <br /> <br />13. ~UEST FOR NOTICE. Trustor hereby requests a copy of any notice of <br />default, and that any notice of sale hereunder be mailed to it at the address set <br />forth in the first paragraph of this Deed of Trust. <br /> <br />14. GOVERNING LAW. This Deed of Trust shall be governed by the laws of the <br />State of Nebraska. In the event that any provision or clause of any of the Loan <br />Instruments conflicts with applicable laws, such conflicts shall not affect other <br />provisions of such Loan Instruments which can be given effect without the <br />conflicting provisions; and to this end, the provisions of the Loan Instruments <br />are declared to be severable. This instrument cannot be waived, changed, <br />discharged, or terminated orally, but only by an instrument in writing signed by <br />the party against whom enforcement of any waiver, change, discharge or <br />termination is sought. <br /> <br />15. RECONVEYANCE BY TRUSTEE. Upon written request of Beneficiary stating <br />that all sums secured hereby have been paid, and upon surrender of this Deed of <br />Trust and the Note to Trustee for cancellation and retention and upon payment by <br />Trustor of Trustee's fees, Trustee shall reconvey to Trustor, or the person or <br />persons legally entitled thereto, without warranty, any portion of the Trust <br />Estate then held hereunder. The recitals in such reconveyance of any matters or <br />facts shall be conclusive proof of the truthfulness thereof. Th~ gra~tee in any <br />reconveyance may be described as lithe person or persons legally entitled <br />thereto". <br /> <br />16. NOTICES. Whenever Beneficiary, Trustor, or Trustee shall desire to <br />give or serve any notice, demand, request or other communication with respect to <br />this Deed of Trust, each such notice, demand, request or other communication <br />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 <br />requested, addressed tc the address set forth at the beginning of this Deed of <br />Trust. Any party may at this time change its address for such notices by <br />delivering or mailing to the other parties hereto, as aforesaid, a notice of such <br />change. <br /> <br />17, ACCEPTANCE BY TRUSTEE. Trustee accepts this Trust when this Deed of <br />Trust, duly executed and acknowledged, is made a public record as provided by <br />law. <br /> <br />IN WITNESS WHEREOF, Trustor has executed this Deed of Trust as of the day <br />and year first above written. Trustee accepts this Trust when this Deed of <br />Trust, duly executed and acknowledged, is made a public record as provided by <br />law. <br /> <br />IN WITNESS WHEREOF, Trustor has executed this Deed of Trust as of the day <br />and year first above written. <br /> <br />./~"\,.\~:...: :~I.: ;:,'~:~,...... ... <br />.:~.. ...~,~, C.) :-. .' <br />:..' .....,; (/l '.' <br />~ !~~ \\1 <br />~..~ .:~ ~ ~~: :_~::") <br />.. . : ,-.... <br />'..;. ~:./' ", <br />\',~.,.. ....:::. :':.... , .. <br /> <br />,..,....,..:'.....ST1\TE OF NEBRASKA <br /> <br />ISLE MOTEL CORP, <br /> <br />,.... <br /> <br />BY~-- 9-- ~ ~~9L. ..,./. <br />President <br /> <br />L <br /> <br />ss. <br /> <br />COUNTY OF HALL, . <br /> <br />- /,' <br />" The foregoing instrument was acknowledged before me thi.s 1/ 'day of <br />/'/.7" " )/ , 1988, by ISLE MOTEL CORP., by C I. ! <br /> <br />(. <br />