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88106924
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88106924
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Last modified
3/9/2007 5:41:57 PM
Creation date
3/9/2007 4:45:18 AM
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DEEDS
Inst Number
88106924
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<br />88-106924 <br /> <br />pursuant to the power of sale or other powers herein contained, shall prejudice <br />or in any manner affect Trusteets or Beneficiary's right to realize upon or <br />enfo~ce any other security now or hereafter held by Trustee or Beneficiary, it <br />being agreed that Trustee and Beneficiary, and each of them, shall be enUtled to <br />enforce thIs Deed of Trust and any other security now or hereafter held by <br />Beneficiary or Trustee, in such order and manner as they or either of them may in <br />their absolute discretion determine. No remedy herein conferred upon or reserved <br />to Trustee or Beneficiary is intended to be exclusive of any other remedy herein <br />or by law provided or permitted, but each shall be cumulative and shall be in <br />addition to every other re...edy given hereunder or now or hereafter existing at <br />law or in equIty or by statute. Every power or remedy given by any of the Loan <br />Instruments to Trustee or Beneficiary or to which either of them may be otherwise <br />ec.titled, may be exercised, concurrently or independently, from time to t.ime, and <br />as often as may be deemed expedient by Trustee or Beneficiary; and either of them <br />may pursue inconsistent remedies. Nothing her:!in shall be construed ,as <br />prohibiting Beneficiary from seeking a deficiency judgment against the Trustor to <br />the extent such action is permitted by law. <br /> <br />13. REQUEST FOR NOTICE. Trustor hereby requests a copy of any notice of <br />default, and that any notice of sale hereunder be mailed to it at the address set <br />forth in the first paragraph of this Deed of Trust. <br /> <br />14. GOVERNING LAW. This Deed of Trust shall be governed by the laws of the <br />state of Nebraska. In the event that any provision or clause of any of the Loan <br />Instruments conflicts with applicable laws, such conflicts shall not affect other <br />provisions of such Loan Instruments which can be given effect without the <br />conflicting provisions; and to this end, the provisions of the Loan Instruments <br />are declared to be severable. This instrument cannot be waived, changed, <br />discharged, or terminated orally, but only by an instrument in writing signed by <br />the party against whom enforcement of any waiver, change, discharge or <br />termination is sought. <br /> <br />15. RECONVEYANCE BY TRUSTEE. Upon written request of Beneficiary stating <br />that all sums secured hereby have been paid, and upon surrender of this Deed of <br />Trust and the Note to Trustee for cancellation and retention and upon payment by <br />Trustor of Trustee's fees, Trustee shall reconvey to Trustor, or the person or <br />.persons legally entitled thereto, without warranty, any portion of the Trust <br />Estate then held hereunder. The recitals in such reconveyance of any matters or <br />facts shall be conclusive proof of the truthfulness thereof. The grantee in any <br />reconveyance may be described as "the person or persons legally entitled <br />theretolt . <br /> <br />16. NOTICES. Whenever Beneficiary, Trustor, or Trustee shall desire to <br />give or serve any notice, demand, request or other communication with respect to <br />this Deed of Trust, each such notice, demand, request or other communication <br />shall be in writing and shall be effective only if the same is delivered by <br />personal service or mailed by certified mail, postage prepaid, return receipt <br />requested, addressed to the address set forth at the beginning of this Deed of <br />Trust. Any party may at this time change its address for such notices by <br />delivering or mailing to the other parties hereto, as aforesaid, a notice of such <br />change. <br /> <br />17. ACCEPTANCE BY TRUSTEE. Trustee accepts this Trust when this Deed of <br />Trust, duly executed and acknowledged, is made a public record as provided by <br />law. <br /> <br />IN WITNESS WHEREOF, Trustor has !'Xecuted this Deed of Trust as of the day <br />and year first above written. Trustee accepts this Trust when this Deed of <br />Trust, duly executed and acknowledged, is made a public record as provided by <br />law. <br /> <br />IN WITNESS WHEREOF, Trustor has executed this Deed of Trust as of the day <br />and year first above written. <br /> <br />~~~ <br />RONALD J. GOLKA <br /> <br />"J))',7i1bu ;;'-h7 );~I <br />OlRISTINE M. GOLKA <br /> <br />-4- <br /> <br />("TRUSTOR") <br /> <br />
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