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200001985 <br />Upon receipt of payment of the price bid, Trustee shall de- <br />liver to the purchaser, Trustee's deed conveying the property <br />sold. Recitals in the Trustee's deed shall be prima facie evi- <br />dence of the truth of the statements made therein. Trustee shall <br />apply the proceeds of the sale in the following order: (a) to <br />all reasonable costs and expenses of the sale, including but not <br />limited to, Trustee's fees of not more than 1.5% of the gross <br />sale price, reasonable attorney fees and costs of title evidence; <br />(b) to all sums secured by this Deed of Trust; and (c) the ex- <br />cess, if any, to the person or persons legally entitled thereto. <br />Any person, including Beneficiary, may purchase said property at <br />said sale. <br />The person conducting the sale may, for any cause he or she <br />deems expedient, postpone the sale from time to time until it <br />shall be completed and, in every such case, notice of postpone- <br />ment shall be given by public declaration thereof by such person <br />at the time and place last appointed for the sale; provided, if <br />the sale is postponed for longer than one (1) day beyond the date <br />designated in the notice of sale, notice thereof shall be given <br />in the same manner as the original notice of sale. <br />14. Remedies Not Exclusive. Trustee and Beneficiary, and <br />each of them, shall be entitled to enforce payment and perform- <br />ance of any indebtedness or obligation secured hereby and to ex- <br />ercise all rights and powers under this Deed of Trust or under <br />any loan instrument or other agreement or any laws nor or hereaf- <br />ter enforced, notwithstanding some or all of the indebtedness and <br />obligations secured hereby which may now or hereafter be other- <br />wise secured, whether by mortgage, deed of trust, pledge, lien, <br />assignment or otherwise. Neither the acceptance of this Deed of <br />Trust nor its enforcement, whether by court action or pursuant to <br />the power of sale or other powers herein contained, shall preju- <br />dice or in any manner affect Trustee's or Beneficiary's right to <br />realize upon or enforce any other security now or hereafter held <br />by Trustee or Beneficiary, it being agreed that Trustee and Bene- <br />ficiary, and each of them, shall be entitled to enforce this Deed <br />of Trust and any other security now or hereafter held by the <br />Beneficiary or Trustee in such order and manner as they, or ei- <br />ther of them, may in their absolute discretion determine. No <br />remedy herein conferred upon or reserved to Trustee or Benefici- <br />ary is intended to be exclusive of any other remedy herein or by <br />law provided or permitted, but each shall be cumulative and shall <br />be in addition to every other remedy given hereunder or now or <br />hereafter existing at law or in equity or by statute. Every <br />power or remedy given by any of the loan instruments to Trustee <br />or Beneficiary or to which either of them may be otherwise enti- <br />tled may be exercised, concurrently or independently, from time <br />to time and as often as may be deemed expedient by Trustee or <br />Beneficiary, and either of them may pursue inconsistent remedies. <br />Nothing herein shall be construed as prohibiting Beneficiary from <br />seeking a deficiency judgment against Trustor to the extent such <br />action is permitted by law. <br />15. Request for Notice. Trustor hereby requests a copy of <br />any notice of default and that any notice of sale hereunder be <br />mailed to Trustor at the address set forth in the first paragraph <br />of this Deed of Trust. <br />16. Appointment of Successor Trustee. Beneficiary may, <br />from, time to time, by written instrument executed and acknowl- <br />edged by Beneficiary, mailed to Trustor and recorded in the <br />County in which the property is located and by otherwise comply- <br />ing with the provisions of the applicable law of the State of Ne- <br />braska, substitute a successor or successors to the Trustee named <br />herein or acting hereunder. <br />17. _Successors and Assigns. This Deed of Trust applies to, <br />and inures to the benefit of, and binds all parties hereto, their <br />heirs, legatees, devisees, personal representatives, successors <br />and assigns. The term "Beneficiary" shall mean the owner and <br />holder of the note, whether or not named as Beneficiary herein. <br />5 <br />