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%%serm 10430 pledge, lien, assignment of horwine, Neither the acceptance of rhie ad o01'rust nor its on- forct, whether by court action er pursuant to the power of sale or ocher powers heroin con- talned, shall prejudice or in any manner affect Trustee's or Beneficiary'a right to realise upon or enforce any other security now or hereafter hold by Trustee or Beneficiary, it being agreed that Trustee and Beneficiary, and each of them, shall be entitled to enforce this Doed of Trust and any other security now or hereafter held by the Beneficiary or Trustee in such order and manner as they, or either of them, may in their absolute discretion determine, No remedy herein con- ferred upon or reserved to Trustee or Beneficiary is intended to be exclusive of any other remedy heroin or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or 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 doomed expedient by Trustee or Beneficiary, and either of them may pursue inconsistent remedies. Nothing herein shall be construed as prohibiting Beneficiary from seeking a deficiency judgment ag..inst Truster to the extent such action is permitted by law. 15. Request for Notice. Truster hereby requests a copy of any notice of default and that any notice of sale hereunder he mailed to Truator at the address net forth in the first paragraph of this Dead of Trust. 16. Appointment of Successor Trustee. Beneficiary may, from time to time, by written inst *u - ment executed and acknowledged by Beneficiary, mailed to Trustor and recorded in the County in which the property is located and by otherwise complying with the provisions of the applicable law of the State of Nebraska, substitute a successor or successors to the Trustee named herein or acting here- under. 11. Successors and Assigns. This Deed of Trust applies to and inures to the benefit of and binds all parties hereto, their heirs, legatees, devisees, personal representatives, successors and assigns. The term "Beneficiary" shall mean the owner and holder of the note, whether or not named as Beneficiary herein. 18. Beneficiary's Powers. Without affecting the liability of any other person liable for the payment of any obligation herein mentioned, and without 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 full payment of all unpaid obligations, Beneficiary may, from time to time and without notice; (a) release any persons so liable; (b) extend the maturity or alter any of the terms of any such obligation; (c) grant other indulgences; (d) release or re- convey or cause to be released or re- conveyed at any time at Bene- ficiary's option, any parcel, portion or all of the property; (e) take or release any other or additional security for any obligation herein mentioned; or (f) make compositions or other arrangements with debtors in relation thereto. 19. Governing Law. This Deed of Trust shall be governed by the Laws of the State of Nebraska and, in the event any one or more of the provisions contained in this Deed of Trust, or the note or any other security instrument given in connection with this transaction shall be for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or un- enforceability shall not affect any other provisions of this Deed of Trust, but the Deed of Trust shall be construed as if such invalid, illegal or enforceable provision had never been contained herein or therein. 20. Effect of Forbearance. Any forbearance by Beneficiary or Trustee in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy hereunder. Likewise, the waiver by Beneficiary or Trustee of any default of the Trustor under this Deed of Trust shall not be deemed to be a waiver of any other or similar default subsequently occurring. 21. Re- conveyance by Trustee. Upon written request of the Beneficiary stating that all soma secured hereby have been paid, and upon surrender of this Deed of Trust and the note to the Trustee for cancellation and retention and upon payment by Trustor of Trustee's fees, Trustee shall re- convey to Trustor, or the person or persons legally entitled thereto, without warranty, any portion of the property held hereunder. Recitals in such re- conveyance of any matters or facts shall be conclusive proof of the truthfulness thereof. Grantees in the re- conveyance may be described as "the person or persons legally entitled thereto." 22. 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, Truster has executed this Deed of Trust o� the dat f rst not d abo UI Li. / c STATE OF NEBRASKA } COUNTY OF HAIL, ) On this 20thday of March 198 7 before Me, the ugderg� ��, y p� duly commissioned and qualified for said County, personally calm E1fthut 1,. 191c, O�NoW( keVva Gene D. Auchhalz Husband and Wife , to me known to be the identical persons whose name s ( ere) subscribed to the foregoing Deed of Trust and ftNBbmB /they /ir¢ acknowledged the execution thereof to be OUROWtheirARM voluntary act and deed. Witness my hand and Notarial Seal at Wand Island, NH —in said County, the date aforesaid. �weMiNrraw- BaurBrwwe / / - - -- 1MGiAEL Notary Public all M