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<br />2012/1082
<br />(a) Upon receipt of such notice from Beneficiaries, Trustee shall cause to be recorded,
<br />published and delivered to such Notice of Default and Notice of Sale as then required by law and
<br />by this Deed of Trust. Trustee shall, without demand on Trustor, after such time as may then be
<br />required by law and after recordation of such Notice of Default and after Notice of Sale having
<br />been given as required by law, sell the Trust Estate at the time and place of sale fixed by it in such
<br />Notice of Sale, either as a whole, or in separate lots or parcels or items as Trustee shall deem
<br />expedient, and in such order as it may determine, at public auction to the highest bidder for cash,
<br />in lawful money of the United States, payable at the time of sale. Trustee shall deliver to such
<br />purchaser or purchasers thereof, its good and sufficient deed or deeds, conveying the property so
<br />sold, but without any covenant or warranty, express or implied. The recitals in such deed of any
<br />matters or facts shall be conclusive proof of the truthfulness thereof. Any person, including, without
<br />limitation, Trustee, and Beneficiaries, may purchase at such sale, and hereby covenants to warrant
<br />and defend the title of such purchaser or purchasers.
<br />(b) As may be permitted by law, after deducting all costs, fees, expenses of Trustee and of
<br />this Trust, including costs of evidence of title in connection with sale, Trustee shall apply the
<br />proceeds of sale to payment of (i) all sums expended under the terms hereof, not then repaid, with
<br />accrued interest at twelve (12 %) percent per annum, (ii) all other sums then secured hereby, and
<br />(iii) the 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 any portion of the
<br />Trust Estate.
<br />11. REMEDIES NOT EXCLUSIVE. Trustee and Beneficiaries, and each of them, shall be
<br />entitled to enforce payment and performance of any indebtedness or obligations secured hereby
<br />and to exercise all rights and powers under this Deed of Trust or under any Loan Instrument or
<br />other agreement or any laws now or hereafter in force, notwithstanding some or all of the such
<br />indebtedness and obligations secured hereby may now or hereafter be otherwise secured, whether
<br />by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this
<br />Deed of Trust nor its enforcement whether by court action or pursuant to the power of sale or other
<br />powers herein contained, shall prejudice or in any manner affect Trustee's or Beneficiaries' right to
<br />realize upon or enforce any other security now or hereafter held by Trustee or Beneficiaries, it
<br />being agreed that Trustee and Beneficiaries, and each of them, shall be entitled to enforce this
<br />Deed of Trust and any other security now or hereafter held by Beneficiaries or Trustee, in such
<br />order and manner as they or either of them may in their absolute discretion determine. No remedy
<br />herein conferred upon or reserved to Trustee or Beneficiaries is intended to be exclusive of any
<br />other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in
<br />addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by
<br />Statute. Every power or remedy given by any of the Loan Instruments to Trustee or Beneficiaries
<br />or to which either of them may be otherwise entitled, may be exercised, concurrently or
<br />independently, from time to time, and as often as may be deemed expedient by Trustee or
<br />Beneficiaries; and either of them may pursue inconsistent remedies. Nothing herein shall be
<br />construed as prohibiting Beneficiaries from seeking a deficiency judgment against the to the extent
<br />such action is permitted by law.
<br />12. REQUEST FOR NOTICE. Trustor hereby requests a copy of any notice of default, and
<br />that any notice of sale hereunder be mailed to them at the address set forth in the first paragraph
<br />of this Deed of Trust.
<br />13. GOVERNING LAW. This Deed of Trust shall be governed by the laws of the State of
<br />Nebraska. In the event that any provision or clause of any of the Loan Instruments conflicts with
<br />applicable laws, such conflicts shall not affect other provisions of such Loan Instruments which can
<br />be given effect without the conflicting provisions; and to this end, the provisions of the Loan
<br />Instruments 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 the party against
<br />whom enforcement of any waiver, change, discharge or termination is sought.
<br />14. RECONVEYANCE BY TRUSTEE. Upon written request of Beneficiaries stating that all
<br />sums secured hereby have been paid, and upon surrender of this Deed of Trust and the Note to
<br />Trustee for cancellation and retention and upon payment by Trustor of Trustee's fees, Trustee shall
<br />reconvey to, or the person or persons legally entitled thereto, without warranty, any portion of the
<br />Trust Estate then held hereunder. The recitals in such reconveyance of any matters or facts shall
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