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<br /> R_ 1(:�3995
<br /> invalidate any act done in response to such default or pursuan�`to such notice
<br /> of default and, notwithstanding the continuance in possession of the Trust Estate
<br /> or the collection, receipt and application of rents, issues or profits, Truatee
<br /> or Beneficiary ahall be entitled to exerciae every right provided for in any of
<br /> the Loan Inatruments or by law upon occurrence of any event of default, including
<br /> the right to exercise the power of sale;
<br /> (b) Commence an action to foreclose this Deed of Trust as a mortgage,
<br /> appoint a receiver, or specifically enforce any of the covenants 'hereof;
<br /> (c) Deliver to Trustee a written declaration of default and demand for
<br /> sale, and a written notice of default and election to cause Trustors's interest
<br /> in the Trust Estate to be sold, which notice Truatee ahall cause to be duly filed
<br /> for record in the appropriate Official Records of the County in which the Truat
<br /> Estate is located.
<br /> 11. FORECLOSURE BY POWER OF SALE. Should Beneficiary elect to foreclose
<br /> by exercise of the Power of Sale herein contained, Beneficiary ahall notify
<br /> Trustee and ahall deposit with Trustee this Deed of Trust and the Note and auch
<br /> receipts and evidence of expenditures made and secured hereby ae Trustee may
<br /> require.
<br /> (a) Upon receipt of such notice from Beneficiary, Trustee shall cauae to
<br /> be recorded, published and delivered to Trustors such Notice of Default and
<br /> Notice of Sale as then required by law and by thie Deed of Trust. Trustee shall,
<br /> without demand on Trustor, after such time as may then be required by law and
<br /> after recordation of such Notice of Default and after Notice of Sale having been
<br /> given as required by law, sell the Trust Estate at the time and place of sale
<br /> fixed by it in such Notice of Sale, either as a whole, or in separate lots or
<br /> parcels or items as Trustee ahall deem expedient, and in such order as it may
<br /> determine, at public auction to the highest bidder for cash, in lawful money of
<br /> the United States, payable at the time of sale. Trustee ahall deliver to such
<br /> purchaser or purchasers thereof, its good and sufficient deed or deeds, conveying
<br /> the property so sold, but without any covenant or warranty, express or implied.
<br /> The recitals in such deed of any matters or facts shall be conclusive proof of
<br /> the truthfulness thereof. Any person, including, without limitation, Trustor,
<br /> Trustee, and Beneficiary, may purchase at such sale, and Trustor hereby covenants
<br /> to warrant and defend the title of such purchaser or purchasers.
<br /> (b) As may be permitted by law, after deducting all costs, fees, expenses
<br /> of Trustee and of this Trust, including costs of evidence of title in connection
<br /> with sale, Trustee shall apply the proceeds of sale to payment of (i) all sums
<br /> expended under the terms hereof, not then repaid, with accrued interest at nine
<br /> (9$) percent per annum, (ii) all other sums then secured hereby, and (iii) the
<br /> remainder, if any, to the person or persons legally entitled thereto.
<br /> (c) Trustee may, in the manner provided by law, postpone sale of all or
<br /> any portion of the Trust Estate.
<br /> 12. REMEDIES NOT EXCLUSIVE. Trustee and Beneficiary, and each of them,
<br /> shall be entitled to enforce payment and performance of any indebtedness or
<br /> obligations secured hereby and to exercise all rights and powers under this Deed
<br /> of Trust or under any Loan Instrument or other agreement or any laws now or
<br /> hereafter in force, notwithstanding some or all of the such indebtednese and
<br /> obligations secured hereby may now or hereafter be otherwise secured, whether by
<br /> mortqage, deed of trust, pledge, lien, assignment or otherwise. Neither the
<br /> acceptance of this Deed of Trust nor its enforcement whether by court action or
<br /> purauant to the power of sale or other powera herein contained, shall prejudice
<br /> or in any manner affect Trustee's or Beneficiary's right to realize upon or
<br /> enforce any other security now or hereafter held by Trustee or Beneficiary, it
<br /> being agreed that Trustee and Beneficiary, and each of them, ahall be entitled
<br /> to enforce this Deed of Trust and any other security now or hereafter held by
<br /> Beneficiary or Trustee, in such order and manner as they or either of them may
<br /> in their absolute discretion determine. No remedy herein conferred upon or
<br /> reserved to Trustee or Beneficiary is intended to be exclusive of any other
<br /> remedy herein or by law provided or permitted, but each shall be cumulative and
<br /> 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
<br /> I of the Loan Instrumenta to Trustee or Beneficiary or to which either of them may
<br /> be otherwiae entitled, may be exercised, concurrently or independently, from time
<br /> to time, and as often as may be deemed expedient by Trustee or Beneficiary; and
<br /> either o.f them may pursue inconsistent remedies. Nothing herein shall be
<br /> construed as prohibiting Beneficiary from seeking a deficiency judgment againat
<br /> the Trustor to the extent such action is permitted by law.
<br /> 13. REQUEST FOR NOTICE. Trustor hereby requests a copy of any notice of
<br /> default, and that any notice of sale hereunder be mailed to him at the address
<br /> set forth in the first paragraph of this Deed of Trust.
<br /> 14. GOVERNING LAW. This Deed of Trust shall be governed by the laws of
<br /> the State of Nebraska. In the event that any provision or clause of any of the
<br /> Loan Instruments conflicts with applicable laws, such conflicts ehall not affect
<br /> other provisions of such Loan Instruments which can be given effect without the
<br /> conflicting provisions; and to this end, the provisions of the Loan Instruments
<br /> are declared to be severable. This instrument cannot be waived, changed,
<br /> discharged, or terminated orally, but only by an instrument in writing signed by
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