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86107054
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86107054
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10/18/2011 9:59:43 PM
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3/31/2008 3:41:59 PM
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DEEDS
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86107054
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86- 10705• <br />determine. No remedy herein conferred upon or reserved to <br />Trustee or Beneficiary is intended to be exclusive of any other <br />remedy herein or by law provided or permitted, but each shall be <br />cumulative and shall be in addition to every other remedy given <br />hereunder or now or hereafter existing at law or in equity or by <br />statute. Every power or remedy given by any of the loan instru- <br />`4` <br />ments to Trustee or Beneficiary or to which either of them may be <br />otherwise entitled may be exercised, concurrently or independently, <br />from time to time and as often as may be deemed expedient by <br />Trustee or Beneficiary, and either of them may pursue inconsistent <br />remedies. Nothing herein shall be construed as prohibiting Bene- <br />a <br />ficiary from seeking a deficiency judgment against Trustors to <br />the extent such action is permitted by law. <br />15. Request for Notice. Trustors hereby request a copy of <br />any notice of default and that any notice of sale hereunder be <br />mailed to Trustors at the address set forth in the first para- <br />graph of this Deed of Trust. <br />15. Appointment of Successor Trustee. Beneficiary may, <br />from time to time, by written instrument executed and acknowl- <br />edged by Beneficiary, mailed to Trustors and recorded in the <br />County in which the property is located and by otherwise complying <br />with the provisions of the applicable law of the State of Nebraska, <br />substitute a successor or successors to the Trustee named herein <br />or acting hereunder. <br />17. Successors and Assigns. This Deed of Trust applies to <br />and inures to the benefit of and binds all parties hereto, their <br />heirs, legatees, devisees, personal representatives, successors <br />and assigns. The term "Beneficiary" shall mean the owner and <br />holder of the note, whether or not named as Beneficiary herein. <br />18. Beneficiary's Powers. Without affecting the liability <br />of any other person liable for the payment of any obligation <br />herein mentioned, and without affecting the lien or charge of <br />this Deed of Trust upon any portion of the property not then or <br />theretofore released as security for the full payment of all <br />unpaid obligations, Beneficiary may, from time to time and <br />without notice: <br />(a) release any persons so liable; <br />(b) extend the maturity or alter any of the terms <br />of any such obligation; <br />(c) grant other indulgences; <br />(d) release or reconvey or cause to be released <br />or reconveyed at any time at Beneficiary's option, any <br />parcel, portion or all of the property; <br />(e) take or release any other or additional <br />security for any obligation herein mentioned; or <br />(f) make compositions or other arrangements with <br />debtors in relation thereto. <br />19. Governing Law. This Deed of Trust shall be governed by <br />the laws of the State of Nebraska and, in the event any one or <br />more of the provisions contained in this Deed of Trust, or the <br />note or any other security instrument given in connection with <br />this transaction shall be for any reason be held to be invalid, <br />illegal or unenforceable in any respect, such invalidity, ille- <br />gality or unenforceability shall not affect any other provisions <br />of this Deed of Trust, but the Deed of Trust shall be construed <br />as if such invalid, illegal or enforceable provision had never <br />been contained herein or therein. <br />20. Effect of Forbearance. Any forbearance by Beneficiary <br />or Trustee in exercising any right or remedy hereunder, or other- <br />wise afforded by applicable law, shall not be a waiver of or pre - <br />clude the exercise of any such right or remedy hereunder. Like - <br />-a- <br />
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