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<br />I <br /> <br />84 - 005146 <br /> <br />them, shall be entitled to enforce payment and performance of any indebted- <br />ness or obligations secured >-tereby and to exercise all rights and powers <br />under this Deed of Trust or under any Loan Instrument or other agreement or <br />any laws now or hereafter in force, notwithstanding some or all of the such <br />indebtedness and obligations secured hereby may now or hereafter be otherwise <br />secured, whether by mortgage, deed of trust, pledge, lien, assignment, or <br />otherwise. Neither the acceptance of this Deed of Trust nor its enforcement <br />whether by court action or pursuant to the power of sale or other power.s <br />herein contained, shall prejudice or in any manner affect Trustee's' or <br />Beneficiary's right to realize upon or enforce any other security now or <br />hereafter held by Trustee or Beneficiary, it being agreed that Trustee and <br />Beneficiary, and each of them, shall be entitled to enforce this Deed of Trust <br />and any other security now or hereafter held by Beneficiary or Trustee in <br />such order and manner as they or either of them may in' their absolute <br />discretion determine. No remedy herein conferred upon or reserved to Trustee <br />or Beneficiary is intended to be exclusive of any other remedy herein or by <br />law provided or permitted, but each shall be cumulative and shall be in <br />additlon to every other remedy given hereunder or now or hereafter existing <br />at law or in equity or by statute. Every power or remedy given by any of <br />the Loan Instruments to Tt'ustee or Beneficiary or to which either of them may <br />be otherwise entitled, may be exercised, concurrently or independently from <br />time to time and as often as may be deemed expedient by Trustee or <br />Beneficiary and either of them may pursue inconsistent remedies. Nothing <br />herein shall be construed as prohibiting Beneficiary from seeking a deficiency <br />judgment against the Tt"ustor to the extent such action is permitted by law. <br /> <br />13. <br />notice of <br />set fort h <br /> <br />REQUEST FOR NOTiCE. Trustor er.eby requests a copy of any <br />default and tbat any notice 01 ",'~ be :nail'J to it at the address <br />in the firsi paragraph l)f this L}t.' t.1 of Trust.. <br /> <br />14. GOVERNING LAW. This Deed of Trust shall be governed by the la....,s <br />of the State of Nebraska. In the event that any provision 0;:- clause of any of <br />Ihe Loan Inslt'Umenls conflicts \o,'11h applicable Jaws, such conflicts shall not <br />affect other prOVISIOns of such Loan Jnstnunents which can be given effect <br />without the conflicting provision, and to thlS end the provisions of the Loan <br />Instruments are decLared to be seVerable. This instrument cannot be waived, <br />changed, discha.(geu, ...lr term inated orally t but on 1 V by an instrument in <br />wriling signed by the party against ,,,horn "'cnforcement - d any waiver, change, <br />discharge or' terminatb...'"'n is sought. <br /> <br />[~,. RECONVEYANCE BY TRU:=TEE. Upon ",dtten request :::>f Beneficiary <br />stating that all sums Se,'urcd hereby have be",n paid, and upon surrender of <br />this Deed 0f Trust dnd 1he i1Qle T") Trustee for ..~anceUanon and retention and <br />upon payment by Trust0!~ ,'If Tru3tee"~ fees, Truste~ shall reconvey to Trustor. <br />or to the }leI's..:'n (!r pers,~)ns legally t~ntith;\d thereto. withOUT warranty. any <br />portion 01 thi..." rust t.Slat-2 then held her'eunder. The recitals in such <br />r-eco!1veyaoce ('f d.nv matter's ()1" f.:1C"ts ;:-;hall he concLusive proof c......f the <br />truthfulneSS rht::'reOI. rhe ~t'dntee in dny n~C0nVl"Ydnce may be descrlbed dS <br />t'th~ per'son ('C pe't'~<~n::;. ;f'gally \.'Ot1t led !ht.~n:)to. " <br /> <br />i.t'~ ~""Ti,,-~ES. yn1ent2vt.~T ~3.eneilclarYt Trustor or Trustee shall desire to <br />gl'/e ...11' secve ~in~! n(,fl,-'t~, demdnd. reqlh..:'st 0f 0rhe[' connnunh:ation with t't~spect <br />IO rhis Deed \.""[ Trust. edch ~uch notice. demand. request, Qr ot.hee commUnlC\i- <br /> <br />-, ')- <br /> <br />u <br /> <br />L <br /> <br />..J <br /> <br />L <br />