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83- 005437 their absolute discretion determine. No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given heretmder 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 deemed expedient by Tnlstee or Beneficiary and either of them may pursue inconsistent remedies. Nothing herein shall be construed as prohibit- ing Beneficiary from seeking a deficiency judgment against the Trustor to the extent such action is permitted by law. 13. REQUEST FOR NOTICE. Trustor hereby requests a copy of any notice of default and that any notice of sale be mailed to it at the address set forth in the first paragraph of this Deed of Trust. 14. GOVERNING LAW. This Deed of TnlSt shall be governed by the laws of the State of Nebraska. In the event that any provision or clause of any of the Loan Instruments conflicts with applicable laws, such conflicts shall not affect other provisions of such Loan Instruments which can be given effect without the conflicting provision, and to this end the provisions of the Loan Instruments are declared to be severable. This instrument cannot be waived, changed, discharged, or terminated orally, but only b-y an instrument in writing signed by the party against whom e.'lforcement of any waiver, change, discharge or termination is sought. 15. RECONVEYANCE BY 1RUSTEE. Upon written request of Beneficiary stating that all sums secured hereby have been paid, and upon surrender of this Deed of Trust and the note to Trustee for cancellation and retention and upon payment by Trustor of Trustee's fees, Trustee shall reconvey to Trustor, or to the person or persons legally entitled thereto, \vithout warranty, any portion of the Trust Estate then held heretmder. The recitals in such reconveyance of any matters or facts shall be conclusive proof of the truthfulness thereof. The grantee in any reconveyance may be described as "the person or persons legally entitled thereto." 16. NOTICES. Whenever Beneficiary, Trustor or Trustee shall desire to give or serve any notice, demand, request or other cOl1I11lmication with respect to this Deed of Trust, each such notice, demand, request, or other cornnunication shall be in writing and shall be effective only if the same is delivered by personal service or mailed by certified mail, postage prepaid, return receipt requested, addressed to the address set forth at the beginning of this Deed of Trust. Any party may at any time change its address for such notices by delivering or mailing to the other parties hereto, as aforesaid, a notice of such change. 17. ACCEPTANCE BY1RUSTEE. Trustee accepts this Trust when this Deed of Trust, duly executed and acknowledged, is made a public record as provided by law. IN \.JITNESS WHEREOF, Trustor has executed this Deed of Trust as of the day and year first above written. ~'-":;'-:cl'7 II /;M'-~ 7Timothy A. Jakubowski -5- u L -1 L