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<br />88- 102624
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<br />pledge, lien, assillDllient or otherwise. Neither the acceptance of this Deed of Trust nor its en-
<br />forcement. whether by court actton or pursuant to the power of sale or other powers herein con-
<br />toined, shsll prejudice or in any manner affect Trustee's or Beneficiary's right to realize upon
<br />or enforce any other security now or hereafter held by Trustee or Beneficiary, it being agreed
<br />that Trustee and Beneficiary. and esch of them. shall be entitled to enforce this Deed of Trust
<br />and any other security no..- or hereafter held by the Beneficiary or Trustee in such order and manner
<br />as they, or either of them, may' in their absolute discretion determine, No remedy herein con-
<br />ferred upon or reserved tu Trust..e or Beneficiary is intended to be exclusive of any other remedy
<br />herein or by law provided or permitted, but each shall be cumulative and shall be in addition to
<br />every other remedy given hereunder or now or hereafter existing at law or in equity or by statute.
<br />Every power or remedy given !>y any of the loan inst ruments to Trustee or Beneficiary or to which
<br />either of them may be otherwise entitled IIBY be exercised, concurrently or independently, frOlll time
<br />to time and aa often as may be de"",ed expedient by Trustee or Beneficiary, and either of them 1II8y
<br />pursue inconsistent remedies. Nothing herein shall be construed as prohibiting Beneficiary frOlll
<br />seeking a deficiency judgment against Trustor to the extent such action is permitte!i by law.
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<br />15. Request for Notice, Trustor hereby requests a copy of any notice of default and that any
<br />notice of sale hereunder be mailed to Trustor at the address set forth in the first paragraph of
<br />this Deed of Trust. .
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<br />16. Appoin'Cment of Successor Trustee. Beneficiary may, from time to time. by written instru-
<br />ment executed and acknowledged by BenefiCiary, mailed to Trustor and recorded in the Cnunty in which
<br />the property is locsted and by otherwise cOlDplying with the provisions of the applicable law of the
<br />State of Nebraska, substitute a successcr or successors to the Trustee named herein or acting here-
<br />under. '
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<br />17. Successors and Aasi;!Ils. This Deed of Trust applies to and inures to the benefit of and
<br />binds all parties hereto, their heira, legatees, devisees, personal representstives, successors
<br />and assigns. The term "Beneficiary" shall mean the owner snd holder of the note, whether or not
<br />named as Beneficiary herein.
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<br />18. Beneficiary's Pewers. Without affecting the liability of any other person liable for the
<br />payment of any' obligation herein mentioned, and without affecting the lien or charge of this Deed
<br />of Trust upon any portion of the property not then or theretofore released as security for the full
<br />payment of all unpaid obligations. Beneficiary may, from time to time and without notice:
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<br />(a) release any persons so liable;
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<br />(b) e",tend the maturity or alter any of the terms of any such obligation;
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<br />(c) grant other indulgences;
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<br />Cd) release or re-convey or cause to be released or re-conveyed at any time at Bene-
<br />ficiary's option,. any parcel, portion or all of the property;
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<br />(e) take or release any other or additional security for any obligation herein
<br />mentioned; or
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<br />(f) make compositions or other arrangements with debtors in relation thereto.
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<br />19. Governing Law. This Deed of Trust shall be governed by the laws of the State of Nebraska
<br />and, 1n the event sny one or metre of the provisions contained in this Deed of Trust" or the note
<br />or any other security instrument given in cmL~e~tion with this transaction shall be for any reason
<br />be held to be invalid, illegal or unenforcesble in any respect, such invalidity, illegality or un-
<br />enforceability shall not affec~ any other provisions of this Deed of Trust, but the Deed of Trust
<br />shall be construed os if such invalid, illegal or enforceable proviSion had never been contained
<br />herein or therein.
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<br />20. Effect of Forbearance. Any forbearance by Beneficiary or Trustee in exercising any right
<br />or remedy hereunder, or otherwiae afforded by applicable law, shall not be a waiver of or preclude
<br />the exercise of any such right or remedy hereunder. Likewise, the waiver by Beneficiary or Trustee
<br />of any default of the Truator under this Deed of Trust shall not be deemed to be a waiver of any
<br />other or similar default subsequently occurring.
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<br />21. Re-conveyance by Trustee. Upon written request of the Beneficiary stating that all SUIIIS
<br />secured hereby have been paid, and upon surrender of this Deed of Trust and the note to the Trustee
<br />for cancellation and retention and upon payment by Trustor of Trustee's fees, Trustee shall re-convey
<br />to Trustor, or the person or persons legally entitled thereto, without warranty, any portion of the
<br />property held hereunder. Recitals in such re-conveyance of any "'-"tters or facts shall be conclusive
<br />proof of the truthfulness thereof. Grantees in the re-conveyance may be described. as tithe person
<br />or persons legally entitled thereto."
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<br />22. Acceptance by Trustee. Trustee accepts this trust when this Deed of Trust. duly executed
<br />and acknowledged, is made a public record as provided by law.
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<br />IN WITNESS WHEREOF. Trustor has executed this Deed of Tru e.
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<br />
<br />STATE OF NEBRASKA
<br />
<br />'t~~.L0~
<br />Honna B. Wanek
<br />
<br />COUNTY OF
<br />
<br />HAIL
<br />
<br />BS:
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<br />On this 13th day of May , 198~, before me, the undersillDed. a Notary Public
<br />duly commissioned and qualified for sa.ill County, personally csme John Michael ~~ek and
<br />Benna B. Wanek, Husband and Wl.:re ,to me known to be the identical person. whose name(s)
<br />(Ware) subscribed to the foregoing Deed of Trust and (IICitlUlIItthey/DO acknowledged the execution
<br />thereof to be OI;MK)og;/their/>>a: voluntary aet and deed.
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<br />Witness my hand and Natural Seal atGrand Island, NE in said County, the date aforesaid.
<br />
<br />M.a' Ii!~
<br />
<br />Notary ~ It
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<br />-].,
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