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201103330
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Last modified
5/25/2011 8:54:18 AM
Creation date
5/3/2011 9:38:03 AM
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DEEDS
Inst Number
201103330
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20110333� <br />be exclusive of any other remedy herein or by law provided or permitted, but each sha11 be <br />cumulative 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 acrion 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 first <br />paragraph of this Deed of Ttust. <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 Insttuments <br />conflicts with applicable laws, such conflicts shall not affect other provisions of such Loan <br />Instruments 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 by <br />the party against whom enforcement of any waiver, change, discharge or termination is 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 cancellarion and retention and upon payment by Trustor of Trustee's fees, <br />Trustee shall reconvey to Trustor, or the person or persons legally entitled thereto, without <br />wananty, 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 enritled thereto". <br />15. NOTICES. Whenever Beneficiary, Trustor, or Trustee shall desire to give or serve <br />any notice, demand, request or other communication with respect to this Deed of Trust, each such <br />notice, demand, request or other communication shall be in writing and shall be effective only if <br />the same is delivered by personai service or mailed by certified mail, postage prepaid, return <br />receipt requested, addressed to the address set forth at the beginning of this Deed of Trust. Any <br />party may at this rime change its address for such notices by delivering or mailing to the other <br />parties hereto, as aforesaid, a notice 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 relations 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 premises <br />or any interest therein to any third party, or enter into an agreement to sell, encumber, or create an <br />interest in a third person in the Property without the consent of Beneficiary, other than the <br />granting of a farm lease to a third pariy or the granring of an oil, gas or other mineral lease of any <br />part of the premises, or Trustor permit any part of the subject premises or any interest therein to <br />become subject to a lien of any kind without the consent of Beneficiary, Beneficiary, at <br />Beneficiary's option, can declare the entire indebtedness remaining due and unpaid secured <br />hereby immediately due and payable, and exercise any remedies available under the provision of <br />this Trust Deed. This provision shall not apply to Tnzstor's grant of a farm lease to a third party or <br />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 trust <br />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 />-4- <br />
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