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85-- 004099,
<br />pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its en-
<br />forcement, whether by court action or pursuant to the power of sale or other powers herein con-
<br />tained, shall prejudice or in any manner affect Trustee's or Beneficiary's right to realize upon
<br />or enforce any other security now or hereafter held 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 held by the Beneficiary or Trustee in such order and manner
<br />as they, or either of them, may in their absolute discretion determine. No remedy herein con-
<br />ferred upon or reserved to Trustee or Beneficiary is intended to be exclusive of any other remedy
<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 now or hereafter existing at law or in equity or by statute.
<br />Every power or remedy given by any of the loan instruments to Trustee or Beneficiary or to which
<br />either of them may be otherwise entitled may be exercised, concurrently or independently, from time
<br />to time and as often as 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 permitted by law.
<br />15. Request for Notice. Trustor hereby requests a copy of any notice of default and that any
<br />notice of sale hereunder be mailed to Trustor 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, 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 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 />named 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 may, from time to time and without notice:
<br />(a) release any persons so liable;
<br />(b) extend 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 paveel, 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 connection 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 nor 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 shalt not be deemed to be a waiver of any
<br />other or similar default subsequently occurring.
<br />21. Re- conveyance by Trustee. Upon written request of the Beneficiary stating that all sums
<br />secured hereby have been paid, and upon surrender of this Deed 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 >uch re- conveyance of any matters or facts shall be conclusive
<br />proof of the truthfulness thereof. Grantees in the re- conveyance may be described as "the person
<br />or persons legally entitled thereto."
<br />22. Acceptance by Trustee. Trustee accepts this trust when this Deed of Trust, duly executed
<br />and acknowledged, is made a public record as provided by law.
<br />IN WITNESS WHEREOF, Trustor has executed this Deed of Trust on the date first noted above.
<br />tipnyon
<br />STATE OF NEBRASKA )
<br />) aa:
<br />COUNTY OF_ A0
<br />on this_C dey of t, 198_+ before me the undersigned, a Notary Public
<br />duly commissioned and yusl.i.fie for said County, personally came _ O 1Qj1_
<br />t. to me known to be the ldentlral per. n s w ose naT T
<br />(!s acs) su scri d eo the foregoing Deed of Trust and (he /she /[hey /it) acknowledged the execution
<br />thereof to be (his /her /their /lts) voluntary act and deed.
<br />Witness my hand and Notarial Seal at j 1 - in said County, the date aforesaid.
<br />GfRiBAI T AR -.11, or N�n,e+Y,
<br />tiTUART (ilfiTc ?i << Notary Public
<br />--� 9 ^ ^� My C ;mn f 25, 19x7
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