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88103707
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3/4/2012 2:16:37 PM
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3/9/2007 4:37:44 AM
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DEEDS
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88103707
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88-- 10370! <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 Deed of Trust or under any loan <br />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 Deed of <br />Trust nor its enforcement, whether by court action or pursuant to <br />the power of sale or other powers herein contained, shall preju- <br />dice or in any manner affect Trustee's or Beneficiary's right to <br />realize upon or enforce any other security now or hereafter held <br />by Trustee or Beneficiary, it being agreed that Trustee and <br />Beneficiary, and each of them, shall be entitled to enforce this <br />Deed of Trust and any other security now or hereafter held by the <br />Beneficiary or Trustee in such order and manner as they, or <br />either of them, may in their absolute discretion determine. No <br />remedy herein conferred upon or reserved to Trustee or Benefi- <br />ciary is intended to be exclusive of any other remedy herein or <br />by law provided or permitted, but each shall be cumulative and <br />shall be in addition to every other remedy given hereunder or now <br />or hereafter existing at law or in equity or by statute. Every <br />power or remedy given by any of the loan instruments to Trustee <br />or Beneficiary or to which either of them may be otherwise <br />entitled may be exercised, concurrently or independently, from <br />time to time and as often as may be deemed expedient by Trustee <br />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 />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 Deed of Trust. <br />16. p� ointment 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 comply- <br />ing with the provisions of the applicable law of the State of <br />Nebraska, substitute a successor or successors to the Trustee <br />named herein or acting hereunder. <br />17. Successors and Assigns. This Deed of Trust applies to <br />and inures to the benefit of and binds all parties hereto, their <br />heirs, legatees, devisees, personal representatives, successors <br />and assigns. The term "Beneficiary" shall mean the owner and <br />holder of the note, whether or not named as Beneficiary herein. <br />18. Beneficiary's Powers. Without affecting the liability <br />Power- <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 Deed of Trust upon any portion of the property not then or <br />theretofore released as security for the full payment of all <br />unpaid obligations, Beneficiary may, from time to time and <br />without notice: <br />(a) release any persons so liable; <br />(b) extend the maturity or alter any of the terms <br />of any such obligation; <br />(c) grant other indulgences; <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 />(e) take or release any other or additional <br />security for any obligation herein mentioned; or <br />-5- <br />
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