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2�iiooi�2� <br />ta enter upon, take possession of and maz�►age the Property and to collect the rents of the Property inclu�iing those past <br />due. Any rents collected by Beneficiary or the receive:r shall be applied first to pa}m�ent of the aosts of management o£ <br />the Property and collection of rents, including, but not lirnited to, receiver's fees, premiums on receiv,er's bonds and <br />reasonable attomey's fees, and then to the surns secured by this Security Instrum�nt. ' <br />16. R.EMBDIESNOTEXCLUSNE. �'rusteeundBeneficiary,andeachofthem,�hallbeentitled <br />to enforce paytncnt and performance vf any indehtedness or ohligations secured ]xereby a.zid to exercise all x igk►fs and <br />pawers under this Deed of "�rust or under any Lnan Instruinent or other agreement or any laws now ox hereafter in force, <br />notwithstdnding soma or all of the such indebtedness and obligations secured hereby rnay now or hereafter be otherwise <br />secured, wh�ther by mortgage, deed of trust, pledge, lien, assigiament or otherwise. Neitlxer the acceptance of this Deed <br />of Trust nor its ez�orcement whecher by court action or pursuant to the power of sale or other powcrs herein contained, <br />shall prejudice or in any manner affect Trustee's or Bene�ciary's right to realize upon or enfvxce az�.y other security now <br />or hereafter held by Trustee or �iene�ciary, it being agreed that Trustee and Beneficiary, and each nfi them, shall be <br />entitled to enforce tivs Deed of Trust and any otb,ex security now or hereafter held by Beneticiary or Trustee in such arder <br />and manner as thEy or either o�them may in their absolute discratian detez�i�.e. No remedy herein conferred upon or <br />reserved to Trustee or Beneficiary is intended to be exclusive of any other remedy hexein or by la�v provided or <br />peritv.tted, but each shall be cumulative and shall be in addition to every oCher reznedy given hereurider or naw or <br />hereafter existing at law or in equity or by statute. Every powar ar remedy given by any of tho I,oan',Instruments to <br />Trustee or 13eneficiary or to which either of thsm may be otherwise entitled, may be exercised, concurrently or <br />independently, fro�ax tinne to tirne and as often as may be deamed expedient by Trustee or Bene�ciary and either or them <br />may pursue inconsistent remedies. Nothing herein shall Ue construed as prohibiting Beneficiary fram seeking a <br />deficiency judgment againsC Che Trustor to the extent such actian is penmitted by law. <br />] 7. �ZXTU�iL FILING. To the extent that unprovements and Property constitute fiactures, this <br />ir�strument shall be filed in the real estate records of the Caunty of the location of the Property and be deemed a fixture <br />filing. <br />1�. GOVERNING 7 AW. This Deed of Tx sb,a�l be �overned by the laws of the 5tate of <br />Nebraska. In t}ze event that any provisions or clause of any of the T,oan Tnstruments conflicts with applicable laws, such <br />conflicts shall not affect other provisions of such Loan Instruments 'which can be given effect without ;the conflictuig <br />provision, and to this end the pravisions of the I,oan Instruments are declared to be severable. This ins�wnent caunot <br />be waived, changed, discharged or terminated nrally, but only by an inst�ument in writing signed by tlie party against <br />whom enforcament of any waiver, change, discharge or ternunation is sought. <br />19. TRUST�E'S FEE. In the event oF default, unless specifically waived in writjn�; by Trustee, <br />Trustor agrees ta pay Trustee a fee equal Co $50.00, or one-half (%a) of one pexcent (1%) of the entire unpaid principal <br />sum secured, whichever is greaCer, subject to the limits ofNeb. Rev. Stat. §76-1012, as amended. , <br />20. RECONVEYANCE. Upon pay:nn.ent of all sums secured by this Secur�ty Instrument, <br />�eneficiary shall request Trustee to reconvey the Property and 5ha11 surrender tla.is Secuxity Instrument and all notes <br />evidencizxg debt secured by this Security Agreement to Trustee. Trustee shall reconvey the �rope�rty without warranty <br />and without charge to the p�zson or persons legally entitled to it. Such person or persons shall pay any recordatipn costs. <br />21. REQUEBT FOR N�TIGES. Trustor requests that copies of t�ie noCiaes of default and sale <br />be sent to Trustar's address which is the Property Address. T:rustor further xequ�sts that capies of the nvtices of default <br />and sale be sent to each person who is a party hereta at the addr�ss of such person set forth herein, i <br />22. NOTTCES. Any notice to Trustnr provided for iu� this Security Instrument s�iall 6e given by <br />delivering it or mailing it by first class mail unless applicable law requires use of another method. The;notice shall be <br />direated to the Property Address or any other address Trustor designates by nqtice to Benef�ciary. ' Any notice to <br />Beneficiary shall be grven by first class rnail to Seneficiary's address stated herein or any other address Beneficiary <br />designates by notice to Trustor. Any notice provided for in this Security Tnstrument shall be deemed to have been given <br />to Trustor or Bene�ciary when given as provided in tl�s paragraph. <br />23. ACCEPTANCE BY TRUSTEB: Trustee accepts this Trust when this Deed of Trust, duly <br />executed and acknowledged, is made a puhlic record as provided by law. <br />1N WITNES$ WH.EREDF, Trustor has executed tlus Deed af Trust as of thc day and year frrst above <br />written. �� � ,��,(/" 1 <br />� <br />STATE OF NEBRASKA <br />COUNTY OF HAT,X., <br />) <br />) SS <br />) <br />'I'he foregoing Deed of'Trust was acknowledged before me on Jauuary �, 2011, by Rick S. Johnson <br />and Patricia Ann 7phnsozz, husband and vvife, as their free and voluntary act and deed. <br />G�l . l-�J� <br />My Commission Expires; I o� �; U � � Notary Public <br />G�NERA� NpTARY - State of Nebraska <br />SARAH M. WILES <br />-- My Comm. Exp. ,1une 19, 2011 <br />