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87104174
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87104174
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10/19/2011 9:50:32 AM
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3/27/2008 2:32:47 PM
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DEEDS
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87104174
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87,.,., 104174 <br />pledge, lien, assignment or otherwise. Neither the acceptance of this head of Trust nor its @a- <br />forcownt. whether by court action or pursuant to the power of eels or other powers beret" con- <br />tained. shall prejudice or in any manner affect Trustee's or Beneficiary's right to realise upon <br />or enforce any other security now or hereafter hold by Trustee or Beneficiary, it being agreed <br />that Trustee and Beneficiary, and each of them, shall be entitled to enforce this Deed of Trust <br />and any other security now or hereafter hold by the Beneficiary or Trustee in such order std manner <br />r as they, or either of thee, may' In their absolute discretion determine. No remedy herein can - <br />forrod "pat or reserved to Trustee or Beneficiary is intended to be exclusive of any other rowdy <br />herein or by law provided or permitted. but each shall be cumulative and shall be in addition to <br />every other remedy given hereunder or new or hereafter existing at law or in equity or by statute. <br />Every power or remedy given by may of the loan instruments to Trustee or Beneficiary or to which <br />either of then may be otherwise entitled any be exercised, concurrently or independently, from time <br />to time end as often as may bn deemed expedient by Trustee or Beneficiary, and either of then may <br />pursue inconsistent remedies. Nothing herein shall be construed as prohibiting Beneficiary from <br />seeking a deficiency judgment against Truster to the extent such action is permitted by law. <br />15. Reset for Notice. Trustor hereby requests a copy of any notice of default and that any <br />notice of sale here under be mailed to Truster at the address set forth in the first paragraph of <br />this Deed of Trust. <br />16. Appointment of Successor Trustee. Beneficiary may, from time to time, by written instru- <br />ment executed and acknowledged by Beneficiary, nailed to Trustor and recorded in rue 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 />ll. Successors and Assigns. This Deed of Trust applies to and inures to the benefit of and <br />binds all parties hereto, their heirs, legatees, devisees, personal representatives, successors <br />and assigns. The term "Beneficiary" shall mean the owner and holder of the note, whether or not <br />namad as Beneficiary herein. <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 Deed <br />of Trust upon any portion of the property not then or theretofore released as security for the full <br />payment of all unpaid obligations, Beneficiary nay, from time to time and without notice: <br />(a) release any persons so liable; <br />(b) ewtend the maturity or alter any of the terms of an-- 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 Lev_. 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 conneztion with this transaction shall be for any reason <br />be held to be invalid, illegal or unenforceable In any respect, such invalidity, illegality or un- <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 law, shall not be a waiver of or preclude <br />the exercise of any such right or rowdy hereunder. Likewise, the waiver by Beneficiary or Trustee <br />of any default of the Trustor under this heed of Trust shell not be deemed to be a waiver of any <br />other or similar default subsequently occurring. <br />21. Re- comveyance by Trustee. Upon written request of the Beneficiary stating that all suns <br />secured hereby have been paid, and upon surrender of this feed of Trust and the note to the Trustee <br />for cancellation and retention and upon payment by Trustor of Trustee's fees, Trustee shall re -convey <br />to Trustor, or the person or persons legally entitled thereto, without warranty, any portion of the <br />property held hereunder. Recitals in such re- conveyance of any matters or facts shall be conclusive <br />proof of the truthfulness thereof. Grantees in the re- convoyonce may be described as "the person <br />or persons legally entitled thereto." <br />n <br />
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