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201108120
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10/31/2011 3:27:08 PM
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10/31/2011 3:27:08 PM
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DEEDS
Inst Number
201108120
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201108120 <br />entitled to enforce this Deed of Trust and any other security now or hereafter held by the <br />Beneficiary or Trustee in 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 or Beneficiary is <br />intended to be exclusive of any other remedy herein or by law provided or permitted, but each <br />shall be cumulative and shall be in addition to every other remedy given hereunder or now or <br />hereafter existing at law or in equity or by statute. Every power or remedy given by any of the <br />loan instruments to Trustee or Beneficiary or to which either of them may be otherwise entitled <br />may be exercised, concurrently or independently, from time to time and as often as may be <br />deemed expedient by Trustee or Beneficiary, and either of them may pursue inconsistent <br />remedies. Nothing herein shall be construed as prohibiting Beneficiary from seeking a deficiency <br />judgment against Trustor to the extent such action is permitted by law. <br />15. Request for Notice. Trustor hereby requests a copy of any notice of default and <br />that any notice of sale hereunder be mailed to Trustor at the address set forth in the first <br />paragraph of this Deed of Trust. <br />16. Appointment of Successor Trustee. Beneficiary may, from, time to time, by <br />written instrument executed and acknowledged by Beneficiary, mailed to Trustor and recorded in <br />the County in which the property is located and by otherwise complying with the provisions of <br />the applicable law of the State of Nebraska, substitute a successor or successors to the Trustee <br />named herein or acting hereunder. <br />17. Successors and Assigns. This Deed of Trust applies to, and inures to the benefit <br />of, and binds all parties hereto, their heirs, legatees, devisees, personal representatives, <br />successors and assigns. The term "Beneficiary" shall mean the owner and holder of the note, <br />whether or not named as Beneficiary herein. <br />18. Beneficiary's Powers. Without affecting the liability of any other person liable for <br />the payment of any obligation herein mentioned, and without affecting the lien or charge of this <br />Deed of Trust upon any portion of the property not then or theretofore released as security for the <br />full payment of all unpaid obligations, Beneficiary may, from time to time and without notice: <br />(a) release any persons so liable; <br />(b) extend the maturity or alter any of the terms of any <br />such obligation; <br />(c) grant other indulgences; <br />(d) release or re-convey or cause to be released or re- <br />conveyed at any time at Beneficiary's option, any parcel, portion or <br />all of the property; <br />(e) take or release any other additional security for any <br />obligation herein mentioned; or <br />(� make compositions or other arrangements with <br />debtors in relation thereto. <br />19. Governing Law. This Deed of Trust shall be governed by the laws of the State of <br />Nebraska and, in the event any one or more of the provisions contained in this Deed of Trust, or <br />the note or any other security instrument given in connection with this transaction shall be for <br />any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality <br />or unenforceability shall not affect any other provisions of this Deed of Trust, but the Deed of <br />Trust shall be construed as if such invalid, illegal or enforceable provision had never been <br />contained herein or therein. <br />20. Effect of Forbearance. Any forbearance by Beneficiary or Trustee in exercising <br />any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of <br />or preclude the exercise of any such right or remedy hereunder. Likewise, the waiver by <br />Beneficiary or Trustee of any default of the Trustor under this Deed of Trust shall not be deemed <br />to be a waiver of any other or similar default subsequently occurring. <br />5 <br />
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