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201103328
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5/3/2011 9:37:56 AM
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5/3/2011 9:37:56 AM
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DEEDS
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201103328
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�0�10�32� <br />cumularive and shall be in addition to every other remedy given hereunder or now or hereafter <br />existing at law or in equity or by Statute. Every power or remedy given by any of the Loan <br />Instruments to Trustee or Beneficiary or to which either of them may be otherwise entitled, may <br />be exercised, concurrently or independently, from time to time, and as often as may be deemed <br />expedient by Trustee or Beneficiary; and either of them may pursue inconsistent remedies. <br />Nothing herein shall be construed as prohibiting Beneficiary from seeking a deficiency judgment <br />against the Trustor to the extent such action is permitted by law. <br />12. REQUEST FOR NOTICE. Trustors hereby request a copy of any notice of <br />default, and that any notice of sale hereunder be mailed to them at the address set forth in the <br />first paragraph of this Deed of Trust. <br />13. 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 Instruments <br />conflicts with applicable laws, such conflicts shall not affect other provisions of such Loan <br />Inshuments which can be given efFect without the conflicting provisions; and to this end, the <br />provisions of the Loan Instruments are declared to be severable. This instrument cannot be <br />waived, changed, discharged, or terminated orally, but only by an instrument in writing signed <br />by the party against whom enforcement of any waiver, change, discharge or terminarion is <br />sought. <br />14. RECONVEYANCE BY TRUSTEE. Upon written request of Beneficiary stating <br />that all sums secured hereby have been paid, and upon surrender of this Deed of Trust and the <br />Note to Trustee for cancellation and retenrion and upon payment by Trustor of Trustee's fees, <br />Trustee shall reconvey to Trustor, or the person or persons legally enritled thereto, without <br />watranty, any portion of the Trust Estate then held hereunder. The recitals in such reconveyance <br />of any matters or facts shall be conclusive proof of the truthfulness thereof. The grantee in any <br />reconveyance may be described as "the person or persons legally entitled thereto". <br />15. NOTICES. Whenever Beneficiary, Trustor, or Trustee shall desire to give or <br />serve any notice, demand, request or other communicarion with respect to this Deed of Trust, <br />each such notice, demand, request or other communication shall be in writing and shall be <br />effective only if the same is delivered by personal service or mailed by certified mail, postage <br />prepaid, return receipt requested, addressed to the address set forth at the beginning of this Deed <br />of Trust. Any party may at this time change its address for such notices by delivering or mailing <br />to the other parties hereto, as aforesaid, a norice of such change. <br />16. DUE ON SALE. TRANSFER OF PROPERTY. Beneficiary enters into this <br />agreement on responsibility of Trustor and on the basis of the amicable retations which have <br />previously existed between Beneficiary and Trustor with respect to the subject premises. Should <br />Trustor desire to sell or encumber the subject premises or any part thereof, they shall forthwith <br />obtain the consent of Beneficiary to such sale or encumbrance while any sums remain due on the <br />Note secured by this Trust Deed. Should Trustor sell or encumber any part of the subject <br />premises or any interest therein to any third party, or enter into an agreement to sell, encumber, <br />or create an interest in a third person in the Property without the consent of Beneficiary, other <br />than the granring of a farm lease to a third party or the granting of an oil, gas or other mineral <br />lease of any part of the premises, or Trustor permit any part of the subject premises or any <br />interest therein to become subject to a lien of any kind without the consent of Beneficiary, <br />Beneficiary, at Beneficiary's option, can declare the enrire indebtedness remaining due and <br />unpaid secured hereby immediately due and payable, and exercise any remedies available under <br />the provision of this Trust Deed. This provision shall not apply to Trustor's grant of a farm lease <br />to a third party or Trustor's grant of an oil, gas or other mineral lease to a third party. <br />17. PURCHASE MONEY TRUST DEED. This trust deed is a purchase money <br />trust deed. <br />18. ACCEPTANCE BY TRUSTEE. Trustee accepts this Trust when this Deed of <br />Trust, duly executed and acknowledged, is made a public record as provided by law. <br />�� <br />
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