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<br />200707848 <br /> <br />the Property and collection of rents, including, but not limited to, receiver's fees, premiums on receiver's bonds and <br />reasonable attorney's fees, and then to the sums secured by this Security Instrument. <br /> <br />16. REMEDIES NOT EXCLUSIVE. Trustee and Beneficiary, and each ofthem, shall be entitled <br />to enforce payment and performance of any indebtedness or obligations secured hereby and to exercise all rights and <br />powers under this Deed of Trust or under any Loan Instrument or other agreement or any laws now or hereafter in force, <br />notwithstanding some or all ofthe such indebtedness and obligations secured hereby may now or hereafter be otherwise <br />secured, whether by mortgage, deed oftrust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed <br />of Trust nor its enforcement whether by court action or pursuant to the power of sale or other powers herein contained, <br />shall prejudice or in any manner affect Trustee's or Beneficiary's right to realize upon or enforce any other security now <br />or hereafter held by Trustee or Beneficiary, it being agreed that Trustee and Beneficiary, and each of them, shall be <br />entitled to enforce this Deed of Trust and any other security now or hereafter held by Beneficiary or Trustee in such order <br />and manner as they or either of them may in their absolute discretion determine. No remedy herein conferred upon or <br />reserved to Trustee or Beneficiary is intended to be exclusive of any other remedy herein or by law provided or <br />permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or <br />hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Loan Instruments to <br />Trustee or Beneficiary or to which either of them may be otherwise entitled, may be exercised, concurrently or <br />independently, from time to time and as often as may be deemed expedient by Trustee or Beneficiary and either or them <br />may pursue inconsistent remedies. Nothing herein shall be construed as prohibiting Beneficiary from seeking a <br />deficiency judgment against the Trustor to the extent such action is permitted by law. <br /> <br />17. FIXTURE FILING. To the extent that improvements and Property constitute fixtures, this <br />instrument shall be filed in the real estate records of the County of the location ofthe Property and be deemed a fixture <br />filing. <br /> <br />18. GOVERNING LAW. This Deed of Trust shall be governed by the laws of the State of <br />Nebraska. In the event that any provisions or clause of any of the Loan Instruments conflicts with applicable laws, such <br />conflicts shall not affect other provisions of such Loan Instruments which can be given effect without the conflicting <br />provision, and to this end the provisions of the Loan Instruments are declared to be severable. This instrument cannot <br />be waived, changed, discharged or terminated orally, but only by an instrument in writing signed by the party against <br />whom enforcement of any waiver, change, discharge or termination is sought. <br /> <br />19. TRUSTEE'S FEE. In the event of default, unless specifically waived in writing by Trustee, <br />Trustor agrees to pay Trustee a fee equal to $50.00, or one-half(lIz) of one percent (I %) of the entire unpaid principal <br />sum secured, whichever is greater, subject to the limits of Neb. Rev. Stat. ~76.1012, as amended. <br /> <br />20. RECONVEYANCE. Upon payment of all sums secured by this Security Instrument, <br />Beneficiary shall request Trustee to reconvey the Property and shall surrender this Security Instrument and all notes <br />evidencing debt secured by this Security Agreement to Trustee. Trustee shall reconvey the Property without warranty <br />and without charge to the person or persons legally entitled to it. Such person or persons shall pay any recordation costs. <br /> <br />21. REQUEST FOR NOTICES. Trustor requests that copies of the notices of default and sale <br />be sent to Trustor's address which is the Property Address. Trustor further requests that copies of the notices of default <br />and sale be sent to each person who is a party hereto at the address of such person set forth herein. <br /> <br />22. NOTICES. Any notice to Trustor provided for in this Security Instrument shaH be given by <br />delivering it or mailing it by first class mail unless applicable law requires use of another method. The notice shall be <br />directed to the Property Address or any other address Trustor designates by notice to Beneficiary. Any notice to <br />Beneficiary shall be given by first class mail to Beneficiary's address stated herein or any other address Beneficiary <br />designates by notice to Trustor. Any notice provided for in this Security Instrument shall be deemed to have been given <br />to Trustor or Beneficiary when given as provided in this paragraph. <br /> <br />23. ACCEPTANCE BY TRUSTEE. Trustee accepts this Trust when this Deed of Trust, duly <br />executed and acknowledged, is made a public record as provided by law. <br /> <br />IN WITNESS WHEREOF, Trustor has executed this Deed of Trust as of the day and year first above <br /> <br />written. <br /> <br />Johnson & Johnson, Inc. <br /> <br />By: <br /> <br /> <br />STATE OF NEBRASKA <br />COUNTY OF 1:!a.Jl. <br /> <br />) <br />) SS <br />) <br /> <br />The foregoing Deed of Trust was acknowledged before me on September ---1.-,2007, by Jay B. <br />John,on, Pre,ident oflohn,on & John,on, Inc.,", the free ",d ~ed a~ <br /> <br /> <br /> <br />.:>... ')...../"61 Notary Public <br />My Commission Expires: Q ~ LLL <br /> <br /> <br />GENERAL NOTARY <br />EUZABETH"ASfate of Nebraska <br />M GARDUNO <br />Y Comm. EKp. March 2, 2009 <br /> <br />3 <br />