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88105256
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3/17/2009 4:51:41 PM
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3/9/2007 4:41:29 AM
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DEEDS
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88105256
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<br />I, <br /> <br />105256 <br />88- <br /> <br />plCJdgc. llen, all8lgnment or othcrvhCl. Neither tha acceptance of thia Deed of Trust nor it. m- <br />torCezll'f\t t whether by court dction or pursuant to the power of lIale or othlllr pove'll!! herein con.. <br />tained, ahall preJudico or In any manncr affect Trustee's or Beneficiary'. ri8ht to realize upon <br />or enfo'tcCl any other SClCUrity now or hereafter held by Trustee or Benoflclary I it beiD8 agreed <br />that Trulltee and Beneficiary, and each of them, shall be entitled to enforce thia Deed of Trust <br />Md any other security now Dr hereafter held by the Bonof1e14ry or Trustee in such order and manner <br />08 they, or either of them, may In tl1dr absolute d18cretion detendne. Ho remedy herein con- <br />fened upon or reserved to Trustee or Beneficiary 18 intended to be oxclua1ve of any ather t"l!DIcdy <br />herein or by lIlw provided or permitted, but each shall be cumulative and shall be in addition to <br />every other remedy given heret::lder or now or hereafter existing at law or in equity or by Bl:atute~ <br />Every pover or remedy given by any of the loan instruments to Trustee or Beneficiary or to which <br />either of them. may be otherwise entitled l18y be exercised, concurrently or independently, from time <br />co time and as often as may bp. deemed expedient by Trustee or BeMficiary, and either of them. may <br />pursue inconsistent rem.edies. Nothing herein shall be construed 8S prohibiting Beneficiary from. <br />seeking a deficiency judgment against Trustor to the extent such action 1s permitted by law, <br /> <br />15. Hequest 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 aet forth in the first paragraph of <br />this Deed of Trust. <br /> <br />16~ AppointlDent of Successor Trustee. Beneficiary tllBy, from. time to titDe, by written instru- <br />ment executed and acknowledged by Beneficiary. mailed to Trustor and recorded in the COlmty in which <br />the property is located and by otherwise complying with the prov! sions of the applicable law of the <br />State of Nebraska, 9ubsticute 0 succeosor Dr successors to the Tru"ltee named herein Dr acting here- <br />under. <br /> <br />17. Successors and Asshma. This Deed of Trust applies to and inures to the benefit of and <br />binds all parties hereto, their heirs, legatees, devisees, personal repreaentatives, successors <br />snd assigns. The term "Beneficiary" shall mean the owner and holder of the note. whether or not <br />named 8S Beneficiary herein. <br /> <br />18. Beneficiarv's Powers. Without affecting the liability of any other person liable for the <br />payment of any" obligation herein mencioned, and without affecting the lien or charge of this Deed <br />of Trust upon any port:ion of the property not: t:hen 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"Ctend 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 Dr re-c.onveyed at Bny time at Bene- <br />ficiary's option, any parcel, portion Dr all of the property; <br /> <br />(e) take or Telease any other or additional security for any obligation herein <br />men tloned; Dr <br /> <br />(f) make compositions or other arrangements with debtors in relation thereto. <br /> <br />19. GoverninR: Law. This Deed of Trust shall be governed by the laws of the State of Nebraska <br />and, in the event anyone or more of the provisions contained in this Deed of Trust. Dr the note <br />or any other security instrument given in connE';:tion with chis transaction shall be for any reason <br />be held to be invalid. illegal or unenforceable :in sny respect. such invalidity, Ulegality or un- <br />enforceabilit.y shall not. sffect: any other provisions of this Deed of Trust, but the Deed of Trust <br />shall be construed as if such invalid, illegal or enforceable provision had never been contained <br />bereir. or therein. <br /> <br />20. Effect of Forbearance. Any forbearance by Beneficiary or Trustee in exercising any r1ght <br />or remedy here.under, or otherwise sfforded by applicable law. shall not be a waiver of or preclude <br />the exercise of any such right Dr remedy hereunder. Likewise, the waiver by Beneficiary or Trustee <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-convevance by Trust.ee. Upon written request of the Beneficiary stating that all sums <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 Trustee1s fees, Trustee shall re-convey <br />to Trustor. or the person or persons legally entitled thereto, without warranty, any portion of che <br />property held hereunder. Recitals in such re-conveyance of any matters or facts shall be concluAive <br />proof of the truthfulness t.hereof. 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 record as provided by law~ <br /> <br />IN WITNESS WHEREOF. Trustor has executed this Deed of Trust on the dat.e first noted above. <br /> <br />Tima: IOJ!tn ~f.(k~ <br />~t~tP <br /> <br />STATE OF NEBRASKA <br /> <br />COUNTY OF HALL <br /> <br />On this 28th day of Septanber . 198~, before me, the undersigned. a Notsry Public <br />~~l~sH:b:.ndd ait~tit:~ for said co:m~~'1D~~~:l~~ ~:m:he Rl~~~~~l '~~r:~l~t~h~dn~~l~i r"!ia J ~ <br />Gtllfare) subscribed to the forego:l.ng Deed of Trust and t\UODbIelthey/Jd: aclmowledged tbe execution <br />thereof to be ~ltheirl.a:DQx:voluntary act and deed. <br /> <br /> <br />-}- <br />
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