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1988
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88101888
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3/9/2007 5:41:13 PM
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3/9/2007 4:33:11 AM
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DEEDS
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88101888
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<br />I <br /> <br />88- 101888 <br /> <br />the sale is postponed for longer than one (1) day beyond the date <br />designated in the notice of sale, notice thereof shall be given <br />in the same manner as the original notice of sale. <br /> <br />14. Remedies Not Exclusive. Trustee and Beneficiary, and <br />each of them, shall be entitled to enforce payment and performance <br />of any indebtedness or obligation secured hereby and to exercise <br />all rights and powers under this Amended Deed of Trust or under <br />any loan instrument or other agreement or any laws now or hereafter <br />enforced, notwithstanding some or all of the indebtedness and <br />obligations secured hereby which may now or hereafter be other- <br />wise secured, whether by mortgage, deed of trust, pledge, lien, <br />assignment or otherwise. Neither the acceptance of this P~ended <br />Deed of Trust nor its enforcement, whether by court action or <br />pursuant to the power of sale or other powers herein contained, <br />shall prejudice or in any manner affect Trustee's or Beneficiary's <br />right to realize upon or enforce any other security now or here- <br />after held by Trustee or Beneficiary, it being agreed that <br />Trustee and Beneficiary, and each of them, shall be entitled to <br />enforce this Amended Deed of Trust and any other security now or <br />hereafter held by the Beneficiary or Trustee in such order and <br />manner as they, or either of them, may in their absolute discretion <br />determine. No remedy herein conferred upon or reserved to <br />Trustee or Beneficiary is intended to be exclusive of any other <br />remedy herein or by law provided or permitted, but each shall be <br />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 <br />statute. Every power or remedy given by any of the loan instru- <br />ments to Trustee or Beneficiary or to which either of them may be <br />otherwise entitled may be exercised, concurrently or independently, <br />from time to time and as often as may be deemed expedient by <br />Trustee or Beneficiary, and either of them may pursue inconsistent <br />remedies. Nothing herein shall be construed as prohibiting Bene- <br />ficiary from seeking a deficiency judgment against Trustor to the <br />extent such action is permitted by law. <br /> <br />15. Request for Notice. Trustor hereby requests a copy of <br />any notice of default and that any notice of sale hereunder be <br />mailed to Trustor at the address set forth in the first paragraph <br />of this Amended Deed of Trust, <br /> <br />16. Appointment of Successor Trustee. Beneficiary may, <br />from time to time, by written instrument executed and acknowl- <br />edged by Beneficiary, mailed to Trustor and recorded in the <br />County in which the property is located and by otherwise complying <br />with the provisions of the applicable law of the State of Nebraska, <br />substitute a successor or successors to the Trustee named herein <br />or acting hereunder. <br /> <br />17. Successors and Assigns. This Amended Deed of Trust <br />applies to and inures to the benefit of and binds all parties <br />hereto, their heirs, legatees, devisees, personal representatives, <br />successors and assigns. The term "Beneficiary" shall mean the <br />owner and holder of the note, whether or not named as Beneficiary <br />herein. <br /> <br />18. Beneficiary's Powers. Without affecting the liRbility <br />of any other person liable for the payment of any obligation <br />herein mentioned, and without affecting the lien or charge of <br />this Amended Deed of Trust upon any portion of the property not <br />then or theretofore released as security for the full payment of <br />all unpaid obligations, Beneficiary may, from time to time and <br />without notice: <br /> <br />(a) release any persons so liable; <br /> <br />(b) extend the maturity or alter any of the terms <br />of any such obligation; <br /> <br />(c) grant other indulgences; <br /> <br />(d) release or reconvey or cause to be released <br />or reconveyed at any time at Beneficiary's option, any <br />parcel, portion or all of the property; <br /> <br />-5- <br />
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