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y�- 1��832 <br /> (b) As may be permitted by law, after deducting all costs, fees and expenses of Trustee and of this Trust, <br /> including costs of evidence of title in connection with sale,Trustee shall apply the proceeds of sale to payment of(i) <br /> the indebtedness (ii) all othe� sums then secured hereby, and (iii) the remainder, if any, to the person or persons <br /> legally entitled thereto. <br /> (c) Trustee may in the manner provided by law postpone sale of all or any portion of the Trust Estate. <br /> 12. Remedies Not Exclusive. Trustee and Beneficiary, and each of them, shall be entitled to enforce payment <br /> and performance of any indebtedness or obligatfons secured hereby and to exercise all rights and powers under this <br /> Second Deed of Trust or under any Loan Instrument or other agreement or any laws now or hereafter in force; <br /> r;otwithstanding, some or all of the such indebtedness and obligations secured hereby may now or hereafter be otherwise <br /> secured,whether by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of <br /> 7rust nor its enforcement,whether by court action or pursuant to the power of sale or other powers herein contained, shall <br /> prejudice or in any manner affect Trustee's or Beneficiary's right to realize upon or enforce any other security now or <br /> hereafter held by Trustee or Beneficiary, it being agreed that Trustee and Beneficiary, and each of them, shall be entitled to <br /> enforce this Second Deed of Trust and any other securiry now or hereafter held by Beneficiary or Trustee in such order and <br /> manner as they or either of them may in their absolute discretion determine. No remedy herein conferred upon or reserved <br /> to Trustee or Beneficiary fs 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 gNen hereunder or now or hereafter existing at law or in <br /> equiry or by statute. Every power or remedy given by any of the Loan Instruments to Trustee or Beneficiary or to which <br /> either of them may be otherwise entitled, may be exercised, concurrently or independently, from time to time and as often <br /> as may be deemed expedient by Trustee or Beneficiary and either of them may pursue inconsistent remedies. Nothing <br /> herein shall be construed as prohibiting Beneficiary from seeking a deficiency judgement against the Trustor to the extent <br /> such action is permitted by law. <br /> 13. Request For Noiice. Trustor and all other parties set forth herein hereby requests a copy of any Notice of <br /> Default and a copy of any Notice of Sale hereunder be mailed to them at the address set forth in the first paragraph of this <br /> Second Deed of Trust. <br /> 14. Governing Law. This Second Deed of Trust shall be governed by and construed in accordance with the <br /> laws of the State of Nebraska. In the event that any provision or clause of any of the Loan Instruments conflicts with <br /> applicable laws, such conflict shall not affect other provisions of such Loan Instruments which can be given effect without <br /> the conflicting provision, and to this and the provisions of the Loan Instruments are declared to be severable. This <br /> instrument cannot be waived, changed, discharged or terminated orally, but only by an instrument in writing signed by the <br /> party against whom enforcement of any waiver, change,discharge or termination is sought. <br /> 15. Reconveyance by Trustee. Upon written request of Beneficiary stating that all sums secured hereby have <br /> oeen paid and upon surrender of this Second Deed of Trust and any note to Trustee for cancellation and retention and <br /> upon payme'ht by Trustor of Trustee's fees, Trustee shall reconvey to Trustor, or the person or persons legally entitled <br /> thereto, without warranty, any portion of the Trust Estate then held hereunder. The recitals in such reconveyance of any <br /> matters or facts shall be conclusive proof of the truthfulness thereof. The grantee in any reconveyance may be described <br /> as"the person or persons legally entitled thereto." <br /> 16. Notices. Whenever Beneficiary, Trustor or Trustee shall desire to give or serve any notice, demand, <br /> request or other communication with respect to this Second Deed of Trust, each such notice, demand, request or other <br /> communication shali be in writing and shall be effective only if the same is delivered by personal service or mailed by <br /> certified mail, postage prepaid, return receipt requested, addressed to the address set forth at the beginning of this Second <br /> Deed of Trust. Any party may at any time change its address for such notices by delivering or mailing to the other parties <br /> hereto,as aforesaid,a notice of such change. <br /> 17. Accepiance by Trustee. Trustee accepts this Trust when this Second Deed of Trust, duly executed and <br /> acknowledged, is made a public record as provided by law. <br />