|
<br />83- .001,8&2
<br />.J . , ; .
<br />to be exclusive of any other remedy herein or by law provided or permitted, but each
<br />shall be cumulative and shall be in addition to every other remedy given hereunder or now
<br />or hereafter existing at law or in equity or by statute. Every power or remedy given by
<br />any of the Loan Instruments to Trustee or Beneficiary or to which either of them may be
<br />otherwise entitled, may be exercised, concurrently or independently, from time to time
<br />and as often as may be deemed expedient by Trustee or Beneficiary and either of them
<br />may pursue inconsistent remedies. Nothing herein shall be construed as prohibiting
<br />Beneficiary from seeking a deficiency judgment against the Trustor to the extent such
<br />action is permitted by law,
<br />
<br />REQUEST FOR NOTICE. Trustor hereby requests a copy of any notice of default and
<br />that any notice of sale hereunder be mailed to it at the address set forth in the first
<br />paragraph of this Deed of Trust.
<br />
<br />14. Governing Law. This Deed of Trust shall be governed by the laws of the
<br />State of Nebraska, In the event that any provision or clause of any of the Loan
<br />Instruments conflicts with applicable laws, such conflicts shall not affect other
<br />provisions of such Loan Instruments which can be given effect without the conflicting
<br />provision, and to this end the provisions of the Loan Instruments are declared to be
<br />severable. This instrument cannot be waived, changed, discharged or terminated orally,
<br />b"t only by an instrument in "'riting signed by the party against whom enforcement of any
<br />waiver, change, discharge or termination is sought.
<br />
<br />15. Reconveyance by Trustee. Cpon written request of Beneficiary stating that all
<br />sums secured hereby have been paid, and upon surrender of this Deed of Trust and the Note
<br />to Trustee for cancellation and retention and upon pa)~ent by Trustor of Trustee's fees,
<br />Trustee shall reconvey to Trustor, or the person or persons legally entitled thereto,
<br />without warranty, any portion of the Trust Estate then held hereunder. The recitals in
<br />such reconveyance of any matters or facts shall be conclusive proof of the truthfulness
<br />thereof. The grantee in any reconveyance may be described as lithe person or persons
<br />legally entitled thereto".
<br />
<br />16. Notices. Whenever Beneficiary, Trustor or Trustee shall desire to give or
<br />serve any notice, demand, request or other communication with respect to this Deed of
<br />Trust, each such notice, demand, request or other communication shall be in writing and
<br />shall be effective only if the same is delivered by personal service or mailed by
<br />certified mail, postage prepaid, return receipt requested, addressed to the address set
<br />forth at the beginning of this Deed of Trust. Any party may at this time change its
<br />address for such notices by delivering or mailing to the other parties hereto, as
<br />aforesaid, a notice of such change,
<br />
<br />17. Acceptance by Trustee. Trustee accepts this Trust when this Deed of Trust,
<br />duly executed and acknowledged, is made a public record as provided by law.
<br />
<br />IN WITNESS WHEREOF, Trustor has executed this Deed of Trust as of the day and year
<br />first above written,
<br />
<br />TRUSTEE, Trustee accepts this Trust when this Deed of Trust, duly executed and
<br />acknowledged, is made a public record as provided by law.
<br />
<br />IN WITNESS WHEREOF, Trustor has executed this Deed of Trust as of the day and year
<br />first above written.
<br />
<br />BY:
<br />
<br />
<br />Corporation
<br />
<br />COUNTY OF
<br />
<br />STATE OF NEBRASKA
<br />JOHNSON
<br />
<br />President
<br />
<br />SS,
<br />
<br />On this ~ day of April , 1983 , before me, the undersigned a Notary
<br />Public, duly commissioned and qualified for ~said county, personally came
<br />,l-1icheal L. Hartman. President of Hartman Cattle Co.. A Corppn'ltion,
<br />
<br />to me known to be the identical person or persons whose name is or names are affixed to
<br />the foregoing instrument and acknowledged the execution thereof to be his, her or their
<br />voluntary act and deed.
<br />Witness my hand and Notarial Seal the day
<br />
<br />
<br />MY COMMISSION EXPIRES:
<br />
<br />-;8;. ......... ...J:r.....~.... ....... C...... ~.
<br />-,.. ..-
<br />' '. .........-...
<br />
<br />-4-
<br />
|