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<br />200703195 <br />with the law then in effect. Recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. <br />Trustee shall apply the proceeds of the sale in the following order: (a) to all reasonable costs and expenses of the sale, including but <br />not limited to Trustee's fees of not more than 2% of the gross sale price, reasonable attorney fees and costs of title evidence; (h) to all <br />sums secured by this Deed of Trust; and (c) the excess, if any, to the person or persons legally entitled thereto. Any person, <br />including the Beneficiary, may purchase said property at said sale_ Trustee may in the manner provided by law, postpone sale of all <br />or any portion of the property. <br />13 Trustee and the Beneficiary, and each of them, shall be entitled to enforce payment and performance of any indebtedness or <br />obligation secured hereby and to exercise all rights and powers under this Deed of Trust or under any loan instnuuent or other <br />agreement or any laws nor or hereafter enforced notwithstanding some or all of the indebtedness and obligations secured hereby <br />which may now or hereafter be otherwise secured, whether by mortgage, deed of trust, pledge, lien, assignment or otherwise <br />Ncither the acceptance of this Deed of Trust nor its enforcement, whether by court action or pursuant to the power of sale or other <br />powers herein contained, shaH prejudice or in any manner affect Trustee's or the Beneficiary's right to realize upon or enforce any <br />other security now or hereafter held by Trustee or the Beneficiary, it being agreed that Trustee and the Beneficiary, and each of <br />them, shall be entitled to enforce this Deed of Trust and any other security now or hereafter held by the Beneficiary or Trustee in <br />such order and manner as they may in their absolute discretion determine_ No remedy herein conferred upon or reserved to Trustee <br />or Beneficiary is intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative <br />and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or equity or by statute_ Every <br />power or remedy given by any of the loan instruments to Trustee or the Beneficiary or to which either of them may be otherwise <br />entitled may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Trustee or <br />Beneficiary, and either of them may pursue inconsistent remedies_ Nothing herein shall be construed as prohibiting the Beneficial)' <br />from seeking a deficiency judgment against Trustors to the extent such action is permitted by law, <br />14. Trustors hereby request a copy of any notice of default and that any notice of sale hereunder be mailed 10 Trustors at the <br />address set forth in the first paragraph of this Deed of Trust. <br />15. The Beneficiary may, by a written instrument executed and acknowledged by Beneficiary, mailed to Trustors and recorded in <br />the County in which the property is located and by otherwise complying with the provisions of the applicable law of the State of <br />Nebraska, substitute a successor to the Trustee named herein or acting hereunder, <br />16, This Deed of Trust applies to and inures to the benefit of and binds all parties hereto, their heirs, personal representatives, <br />successors and assigns. The term "Beneficiary" shall mean the owner and holder of the note, whether or not named as Beneficiary <br />herein. <br />17. Without affecting the liability of any other person liable for the payment of any obligation herein mentioned, and without <br />affecting the lien or charge of this Deed of Trust upon any portion of the property not then or theretofore released as security for the <br />full payment of all unpaid obligations, the Beneficiary may, from time to time and without notice: (a) release any persons so liable: <br />(b) extend the maturity or alter any of the terms of any such obligation; (c) grant other indulgences; (d) release or reconvey at the <br />Beneficiary's option any parcel, portion or all of the property; (c) take or release any other or additional security for any obligation <br />herein mentioned; or (t) make compositions or other arrangements with debtors in relation thereto. <br />18. This Deed of Trust shall be governed by the laws of the State of Nebraska and, in the event anyone or more of the provisions <br />contained herein, or the note or any other security instrument given in connection with this transaction shall be for any reason held <br />to be invalid, illegal or unenforceable, in any respect, such invalidity, illegality or unenforceability shall not affect any other <br />provisions of this Deed of Trust, but the Deed of Trust shall be construed as if such invalid, illegal or unenforceable provision had <br />never been contained herein or therein. <br />19. Any forbearance by the Beneficiary or Trustee in exercising any right or remedy hereunder, or otherwise afforded by <br />applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy hereunder. Likewise, the waiver by the <br />Beneficiary or Trustee of any default of the Trustors under this Deed of Trust shall not be deemed to be a waiver of any other or <br />similar default subsequently occurring. <br />20. Upon the written request of the Beneficiary stating that all sums secured hereby have been paid, and upon surrender of this <br />Deed of Trust and the note to the Trustee for cancellation and retention and upon payment by Trustors of Trustee's fees, Trustee shall <br />reconvey to Trustors, or the person or persons legally entitled thereto, without warranty, any portion of the property then held <br />hereunder, Recitals in such reconveyance of any matters or facts shall be conclusive proof of the truthfulness thereof Grantees in <br />the reconveyance may be described as the "person or persons legally entitled thereto." <br /> <br />IN WITNESS WHEREOF, Trustors have executed this Deed of Trust on the date first noted above, <br /> <br />~ d?~~ <br />HAROl!J R~JDRUP <br /> <br />STATE OF NEBRASKA) <br />) SS <br />COUNTY OF HALL ) <br /> <br />,,,-~. ~ <br />2' ---- \'\ __u . .... . <br />- -- ~.. 'akn( \ - . 0 <br />j ELA E ~RUP <br /> <br />The foregoing instrument was acknowledged before me on April 9, 2001, by H . ROLD R. PLEJDRUP <br />and ELAINE J. PLEJDRUP, husband and wife, <br /> <br /> <br /> <br />IEIEUL IOTAIf_ II IIbrasu <br />GRACESCHNASE <br />My Conn. EJp. AprIl 6. 2005 <br />