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88106668
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3/9/2007 5:41:55 PM
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3/9/2007 4:44:45 AM
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DEEDS
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88106668
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<br />88- 10666B <br />pledl_, lien, ouignllU!Rt or otherwisG. Na1thGT the Dcceptance of thie Dud of Trust nor ttll en- <br />foreament, whether by court action or pur.uant to tho pO'lolor of Dale OT other powrs herotn con- <br />tained. shall prlljudico or :In any unnDE' affecr Tru8tee'o or Danoficiary's right to realize upon <br />or entorce any other .ecurity no\l (IT harufur hold by TrUDtelc or Beneficiary, it bdng aRreed <br />that. Trultee and Beneflc.iary, and each of them, BhDll be entitled to enforce thb Deed of Truet <br />and any other aecurlty now or hereafter hold by the Beneficiary or Trustee in lIuch order and mannor <br />.a they, or either of them, may. In their Ilbllolute di8~retion determine. No remedy herein con" <br />ferred upon or reserved to Trustee Dr BeneficiaL"Y is intonded to be exclusive of nny other l'E!DIedy <br />herein OT by law provided or p8rmJ.t.ted, but oach shall be cumulative and shall be in addition to <br />every other remedy Riven hereunder or now or hereafter existing at law or in equity or by statute. <br />Every powr or remedy given by any of the loan instruments to Trustee ot' Beneficiary or to which <br />either of them may be atherv1se entitled ..y be exercis(!d, concurrently or independently, from tima <br />to the and as often DB may bf! dfl~ed expedient by Trustee or Beneficiary, and either of them may <br />pursue inconsistent remedies. Uothing heretn shall be construed 8S prohibiting Beneficia~ from <br />seeking a deficiency judgment against Trustor to the extent such action {Q permitted by law. <br />15. Request for Notice. Trustor hereby requests a copy of any notice of default and that any <br />notice of sale hereunder be maUed to Trustor at the address eet forth in the first peragraph of <br />this Deed lIf Trust. . <br />16. Appointment of Successor Trustee. Beneficiary may, from t.ime t.o time, by written instru- <br />ment executed and acknowledged by Beneficiary. mailed to Trustor and recorded in tlie 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.e a succeasor or successors to th"" Trustee named herein or scting here- <br />under. <br />17. Successors and Assill:Ds. This Deed of Trust applies to and inures to the benefit of and <br />binds all parties hereto, their heirs. legatees, devisees, personal r-epresentst.ives, successors <br />and aesigns. The term "Beneficiary" shall mean the owner and holder of the nots, whether or not <br />named as Beneficiary herein. <br />18. Beneficiary's Powers. 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 chen or t.hcrctafare rlfleoscd 4S see.urit:y for the full <br />payment of all unpaid obligations. Beneficiary may, from time to time and without notice: <br />(a) relel1se any persons so liable i <br />(b) e"ttend t.he maturity or alter any of the terms of any such obligation; <br />(c) grant other :indulgences; <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 />(e) take or release any other Dr additional security for any obligation herein <br />m.entioned; or <br />(f) Illllke compositions or other arrangements with debtors in relation thereto. <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, or the note <br />or any other security instrument given in conne;:tion with this transaction shall be for any reason <br />be held to be invalid. illegal or unenforceable in any respect, such invalidity, illegality or un- <br />enforceability shall not affect any otheL' provisions of this Deed of Trust. but the Deed of Trust <br />shall be construed as if auch invalid. illegal or enforceable provision had never been contained <br />here~n or therein. <br />20. Effect of Forbearance. Any forbearance by Beneficiary or Trustee in exercising B1t.y right <br />or remedy hereunder, or otherwise 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 Trustor under this Deed of Trust shall noe be deemed to he a waiver of any <br />other or similar default subsequently occurring. <br />21. Re-eonveyanee by Truatae. Upon written request of tht!l Beneficiory statins that 811 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 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 matters or facts sholl be conclu5ive <br />proof of the truthfulness thereof. Grantees in the re-conveyance may be described as "the person <br />Dr persons legally entitled thereto. II <br /> <br /> <br />'ffiie <br /> <br />IN WITNESS WHEREOF. Trustor has executed this Deed of T <br /> <br />STATE OF NEBRASKA <br /> <br />cOUNTY OF Hall <br /> <br />On this 30th day of Novanber . 198~. before me, the undersigned. a Notary Public <br />f>U;Y ~ack~;.edH~~i~ea Wlf~id co:n~~' m:~::l~~ ~:m~J:~n~ica~~~~~) ~~S~~~S) <br /> <br />(is/are) subscribed to the foregoing Deed of Trust and (he/t:;he/they/it) acknowledged the execution <br />thereof to be (hia/her/their/its) voluntary act and deed. <br /> <br />Witness my hand Bad Notarial Seal at Grand <br /> <br />(;L-=:::r=:=1 <br />......-.,. <br /> <br />Island, NE in said Count.y. the date aforesaid. <br /> <br />j)~~~ <br />Notary Public <br /> <br />-;- <br />
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