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88- 107083 their absolute discretion determine. No remedy herein conferred upon or reserved to Trusteo or BF-~"'~lary is intended to be exclusive of any other remedy herein or by law provide:; "r permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing st Jawor in equity or by statute. Every power or remedy given by any of the Loan Instruments to Trustee or Beneficiary or to which either of them may be otherwise entitled, may be exercised, concurrently or independently, from time to time, and as often as may be deemed expedient by Trustee or Beneficiary; and either of them may pursue inconsistent remedies. Nothing hereip shall be construed as prohibiting Beneficiary from seeking a deficiency judgment against the Trustor to the extent such action is permitted by law. 13. REOUEST FOR NOTICE. Trustor hereby requests a copy of any notice of default, and that any notice of sale hereunder be mailed to it at the address set forth in the first paragraph of this Deed of Trust. 14. GOVERNING LAW. This Deed of Trust shall be governed by the laws of the state of Nebraska. In the event that any provision or clause of any of the Loan Instruments conflicts with applicable laws, such conflicts shall not affect other provisions of such Loan Instruments which can be given effect without the conflicting provisions; and to this end, the provisions of the Loan Instruments are declared to be severable. This instrument cannot be waived, changed, discharged, or terminated orally, but only by an instrument in writing signed by the party against whom enforcement of any waiver, change, discharge or termination is sought. 15. RECONVEYANCE BY TRUSTEE. Upon written request of Beneficiary stating that all sums secured hereby have been paid, and upon surrender of this Deed of Trust and the Note to Trustee for cancellation and retention and upon payment by Trustor of Trustee's fees, Trustee shall reconvey to Trustor, or the person or persons legally entitled thereto, without warranty, any portion of the Trust Estate then held hereunder. The recitals in such reconveyance of any matters or facts shall be conclusive proof of the truthfulness thereof. The grantee in any reconveyance may be described as "the person or persons legally entitled thereto". 16. NOTICES. Whenever Beneficiary, Trustor, or Trustee shall desire to give or serve any notice, demand, request or other communication with respect to this Deed of Trust, each such notice, demand, request or other communication shall be in writing and shall be effective only if the same is delivered by personal service or mailed by certified mail, postage prepaid, return receipt requested, addressed to the address set forth at the beginning of this Deed of Trust, Any party may at this time change its address for such notices by delivering or mailing to the other parties hereto, as aforesaid, a notice of such change. 17. ACCEPTANCE BY TRUSTEE. Trustee accepts this Trust when this Deed of Trust, duly executed and acknowledged, is made a public record as provided by law. IN WITNESS WHEREOF, Trustor has executed this Deed of Trust as of the day and year first above written. Trustee accepts this Trust when this Deed of Trust, duly executed and acknowledged, is made a public record as provided by law. IN WITNESS WHEREOF, Trustor has executed this Deed of Trust as of the day and year first above written. EXCEL J. V. PARTNERS, L.P., A California Limited Partnership BY NEWPORTFOLIOS, LTD.,General Partner By ~..> (/A:::/' 07/A..;~"',..""....Jc "".~/~.. ...."'{.///1' (Title)