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<br />88--103427 <br /> <br />pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its en- <br />forcement, whether by court action or pursuant to the power of sale or other powers herein con- <br />tained, shall 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 each of them, shall be entitled to enforce this Deed of Trust <br />and any other security now or hereafter held by the Beneficiary or Trustee in such order and manner <br />as they, or either of them, maY'in their absolute diacretion determine. No remedy herein con- <br />ferred upon or reserved to Trustee 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 her4\un:ler or now or hereafter existing at law or in equity or by statute. <br />Every power or remedy given by any of the loan instruments to Trustee or Beneficiary or to which <br />either of them may be otherwise entitled IIaY be exerciaed, concurrently or independently, from t:lme <br />to t:lme and as often as may be deemed expedient by Trustee or Beneficiary, and either of thE!lll may <br />pursue inconsistent remedies. Nothing herein shall be construed aa prohibiting Beneficiary from <br />seeldng a deficiency judgment against TrUBtor to the extent such action is permitted by law, <br /> <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. <br /> <br />16. Appointment 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 die County in which <br />the property is located and by otherwise complying with the provisions of the applicable law of the <br />State of Nebraska, substitut~ a successor or successors to the Trustee named herein.or acting here- <br />under. <br /> <br />17. Successors and MsillDS. This Deed of Trust applies to and inures to the benefit of and <br />binds all parties hereto, their heirs, legatees, devisees, personal representatives, successors <br />and assigns. The term "Beneficiary" shall mean the owner and holder of the note, whether or not <br />named Sf! Beneficiary herein. <br /> <br />18. Beneficiary's Powers. Without affecting the liability of any other person liable for the <br />payment of ani 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: <br /> <br />(a) release any persons so liable; <br /> <br />(b) e~tend the maturity or alter 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 Bene- <br />ficiary'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. Governing Law. This Deed of Trust shall be g"""rned by the laws of the State of Nebraska <br />and, in the event anyone or IIllIre of the provisfons contained in this Deed of Trust, or the note <br />or any otber security instrument given in conns"tion with thia tranaaction shall be for any reason <br />be held to be invalid, illegal or unenforceable in any respect, auch invaUdity, illegality or un- <br />enforceability shall not affect any other provisions of this Deed of Trust, but the Deed of Trust <br />shall be construed as if such invalid, illegsl or enforceable provbion had never been contained <br />berein or therein. <br /> <br /> <br />20. Effect of Forbearance. Any forbearance by Beneficiary or Trustee in exercising any right <br />or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude <br />the eserciee of any such right or remedy hereunder. Likevisll, the waiver by Beneficiary or Tr-.l8tee <br />of any default of the Trustor under this Deed of Trust shall not be deemed to be a waiver of any <br />other or similar default subsequently occurring. <br /> <br />21. Re-conveyance by Trustee. Upon written request of th~ Beneficiary stating that all s..... <br />secured hereby have been paid, and upon surrender of this Deed of Trust and the note to tbe Trustee <br />for cancellation and retention and upon payment by Trustor of Trustee's fees, Trustee shall re-convey <br />to Trustor, or the persOll or persons legally entitled thereto, without warranty. any portion of the <br />property held hereunder. Recitals in such re-conveyance of any mattera or facts shall be conclusive <br />proof of the truthfulnese thereof. Grantees in the re-conveyance may be described as "the person <br />or persons legally entitled thereto," <br /> <br />22. Acceptance by Trustee. Trustee accepts this trust when this Deed of Trust, duly executed <br />and acknowledged, is made a public x'scord as provided by law. <br /> <br />IN WITNESS WHEREOF, Trustor hss executed this Deed of Trust on the date first n~above" <br /> <br />~~ld--~ - ~' <br /> <br />Time: <br /> <br />~~6cJtO 4ucL, <br /> <br />STATE OF llEBRASKA <br /> <br />ss: <br /> <br />CO\JIITY OF HALL <br /> <br />On this 20th day of JWle , 198 8 , before me, the undersigned a Notary Public <br />duly cOlllDieeioned and qualified for said County, personally came ~ean G. 8. Orletha A. Block, Husband <br />I/:J. Wife as Joint Tenants . to me known to be the enticd persones) .mose name("' <br />are) subscribed to tbe foregoing Deed of Trust and ~they/_ acknowledged the execution <br />thereof to be ~their~ voluntary sct and deed. <br /> <br />VitneSll my h.lIld and Notarial S"al st Grand Island, NE in said County, the date aforeaafd, <br /> <br />~ )).~~ <br /> <br />sry Pub lie <br /> <br /> <br />-)- <br />