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87-- 100459
<br />pledge. 11, assignment or otherwise. Neither :},e acceptance of this Feed of Trust nor its en-
<br />forcement, whether by court action or
<br />rained, shall prejudice or 3n any pursuant is the power of sale or other powers herein con -
<br />ar enforce any other security now or hereafter tiaeldsbyTZUSteeeorFBene flciaryghitto realize upon
<br />that Trustee and Beneficiary, and each of t}tem, shall be entitled to enforce this Deed guag Trust
<br />eed
<br />aassdthheey. other
<br />orr either rofvthem. omag in�theis altsoi ute discret ion -Beneficiary
<br />determi est e� °iiemsuch order
<br />erein onttuaner
<br />r
<br />ferred upon or reserved to Trustee or Beneficiary is intended to be ese3usive me any other reedy
<br />jJ herein or 6y law provided or permitted. but each shall be cumulative and shall be in addition to
<br />every other remedy gives hereunder or now or hereafter existing at law or in equity or by statute.
<br />Every Power or remedy given by any of the loan instruments [o Trustee or Beneficiary or to which
<br />either of [:ten seas bee otherwise entitled may be exercised, concurrently or independently, from time
<br />to time and as often em may be. deemed expedient by Trustee or Beneficiary, and either of them may
<br />Pursue inconsistent remedies. Nothing herein shall be construed as prohibiting Beneficiary from
<br />seeking a deficiency judgment against Trustor to the extent such action is e
<br />15. Request for Notice, Trustor hereby re permitted by law,
<br />notice of sale hereunder be requests a �o" of asp notice of default and that anv
<br />mailed to Trustor at rile ad ci. " set forth in the first paragraph of
<br />this Deed or Trust.
<br />16. Appointment of 5 ccesser Trustee. Beneficiary may, from time to time, by written inct ru_
<br />ment executed and aclrnowled
<br />Bed by Beneficiary, mailed to Trustor and recorded in the 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, substitute a successor or successors to the Trustee named herein or acting here-
<br />under.
<br />17. Successors and A-
<br />binds all s. This Deed of Trust applies to and inures to the benefit of and
<br />parties hereto, their heirs, legatees, devisees,
<br />and assigns. The term "Beneficiary" shall mean the owner andrholder•ofrthe note,72whether or not
<br />named as Beneficiary herein. successors
<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 Feed
<br />of Trust upon any portion of the property not then or theretofore released as securiry for the full
<br />payment of all unpaid obligations, Beneficiary mav, from time to time and without notice:
<br />(a) release any persons so liable;
<br />(b) a %tend the 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 or additional security for any obligation herein
<br />mentioned; or
<br />(f) make compositions or other arrangements with debtors in relation thereto.
<br />19. Governing Law. This Deed of Trust shall be governed by the laws of the State of Nebraska
<br />and, in the event any one 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 tut_
<br />enforceability shall not affect any other provisions of this Deed of Trust, but the Deed of Trust
<br />shall be construed as if such invalid, illegal or enforceable provision had never been contained
<br />herein or therein.
<br />20. Effect of Forbearance. Any forbearance by Beneficiary or Trustee in exercising any right
<br />or remedy hereunder, or otherwise afforded by applicable jaw, 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 not be deemed to be a waiver of any
<br />other or similar default subsequently occurring.
<br />21. Re- conveyance b)ruste e. Upon written request of the Beneficiary stating that all sums
<br />secured hereby have been Paid, and upon
<br />for cancellation and retention and upon surrender of this Deed of ?rust and the note to the Trustee
<br />to Trustor, or the person or p payment by Trustor of Trustee's fees, Trustee shall re- convey
<br />persons legally entitled thereto, without warranty,
<br />property held hereunder. Recitals ir. such re- conveyance of any matters or facts shall portion i�onclusive
<br />proof of the truthfulness thereof. Grantees in the re- conveyance may be described as
<br />or persons legally entitled thereto.,,
<br />"the person
<br />22. Acceptance ,•v Tr r • Trustee accepts this trust when and acknowledged, is made a h this Deed of ?rust,
<br />Public record as provided by duly executed
<br />IN WITNESS WHEREOF, has Trustor as executed this Deed of Trust on the date rri
<br />rsted above.
<br />STATE OF ":EBRASEiA ; _eVer V c
<br />COUNTY OF Hall ss:
<br />On this 26th day of January
<br />duly commissioned and before me, the undersigned, a Notary Public
<br />quaiiFi ed for said Co;utt v, per,onall.v F]nll Schaaf Husband and Wife _ °at'� and Bev erl
<br />to ma known r.' be t'i;e idc nt teal per =o --�- ScTf f
<br />(is /are) subscribed to rile foregoing Deed of T. rt se nar:.e (s
<br />thereof to he {his /her /their' /itsl volunta n• Trust era (he /s}}e /they /it) acknowledged the execution
<br />act and deed.
<br />Witness my hand and Notarial . seal at
<br />r" tee.._ .__
<br />Grand Island NTE 11 ,aid
<br />the +ate aforesaid.
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