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2O1.5O47 <br />attorneys fees, upon any indebtedness secured hereby, all in such order as Beneficiary may determine. The entering upon and <br />taking possession of the Trust Estate, the collection of such rents, issues and profits and the application thereof as aforesaid, shall <br />not cure or waive any default or notice of default hereunder or in validate any act done in response to such default or pursuant to <br />such notice of default and, notwithstanding the continuance in possession of the Trust Estate or the collection, receipt and <br />application of rents, issues or profits, Trustee or Beneficiary shall be entitled to exercise every right provided for in any of the <br />Loan Instruments or by law upon occurrence of any event of default, including the right to exercise the power of sale; <br />(ii) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver, or specifically enforce <br />any of the covenants hereof; <br />(iii) Deliver to Trustee a written declaration of default and demand for sale, and a written notice of default and <br />election to cause Trustor's interest in the Trust Estate to be sold, which notice Trustee shall cause to be duly filed for record in the <br />appropriate Official Records of the County in which the Trust Estate is located. <br />12. FORECLOSURE BY POWER OF SALE. Should Beneficiary elect to foreclose by exercise of the Power of Sale <br />herein contained, Beneficiary shall notify Trustee and shall deposit with Trustee this Deed of Trust and the Note and such <br />receipts and evidence of expenditures made and secured hereby as Trustee may require. <br />(a) Upon receipt of such notice from Beneficiary, Trustee shall cause to be recorded, published and delivered to <br />Trustor such Notice of Default and Notice of Sale as then required by law and after recordation of such Notice of Default and <br />after Notice of Sale having 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 whole, or in separate lots or parcels or items of Trustee shall deem expedient, and in such order as it may <br />determine, at public action to the highest bidder for cash in lawful money of the United States payable at the time of sale. Trustee <br />shall deliver to such purchaser or purchasers thereof its good and sufficient deed of deeds conveying the property being so sold, <br />but without any covenant or warranty, express or implied. The recitals in such deed of any matters or facts shall be conclusive <br />proof of the truthfulness thereof. Any person, including, without limitation, Trustor, Trustee and Beneficiary, may purchase at <br />such sale and Trustor hereby covenants to warrant and defend the title of such purchaser or purchasers. <br />(b) As may be permitted by law, after deducting Trustee Fees in the amount of $150 Trustee shall apply the <br />proceeds of the sale in the following order: (a) to all reasonable costs and expenses of the sale, including, but not limited to, <br />trustee fees of not more than 1/2 of 1% of the gross sales price, reasonable attorney's fees and costs of title evidence; (b) to all <br />sums secured by this Deed of Trust; (c) to the payment of junior Trust Deeds, mortgages or other lien holders; and (d) the <br />balance, 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 Trust Estate. <br />13. REMEDIES NOT EXCLUSIVE. Trustee and Beneficiary, and each of them, shall be entitled to enforce payment <br />and performance of any indebtedness or obligations secured hereby and to exercise all rights and powers under this Deed of Trust <br />or under any Loan Instrument or other agreement or any laws now or hereafter in force, notwithstanding some or all of such <br />indebtedness and obligations secured hereby may now or hereafter be otherwise secured, whether by mortgage, deed of trust, <br />pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement whether by court action or <br />pursuant to the power of sale or other powers herein contained, shall prejudice or in any manner affect Trustee's or Beneficiary's <br />right to realize upon or enforce any other security now or hereafter held by Trustee or Beneficiary, it being agreed that Trustee <br />and Beneficiary, and each of them, shall be entitled 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 in their absolute discretion determine. No remedy <br />herein conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive of any other remedy herein or by law <br />provided or permitted, but each 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 Loan Instruments to Trustee or <br />Beneficiary or to which either of them may be otherwise entitled, may be exercised, concurrently or independently, from time to <br />time and as often as may be deemed 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 against the Trustor to the extent <br />such action is permitted by law. <br />14. REQUEST FOR NOTICE. Trustor hereby requests a copy of any notice of default and that any notice of sale <br />hereunder be mailed to it at the address set forth in the first paragraph of this Deed of Trust. <br />15. GOVERNING LAW. This Deed of Trust shall be governed by the laws of the State of Nebraska. In the event that <br />any provision or clause of any of the Loan Instruments conflicts with applicable laws, such conflicts shall not affect other <br />provisions of such Loan Instruments which can be given effect without the conflicting provision, and to this end the provisions of <br />the Loan Instruments are declared to be severable. This instrument cannot be waived, changed, discharged or terminated orally, <br />but only by an instrument in writing signed by the party against whom enforcement of any waiver, change, discharge or <br />termination is sought. <br />