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200002321. <br />sold, but without any covenant or warranty, express or implied. The recitals in such deed of any <br />matters of facts shall be conclusive proof of the truthfulness thereof. Any person, including without <br />limitation, Trustor, Trustee or Beneficiary, may purchase at such sale and Trustor hereby <br />covenants to warrant and defend the title of such purchaser or purchasers. <br />b. As may be permitted by law, after deducting all costs, fees, and expenses of Trustee <br />and of this Trust, including costs of evidence of title in connection with sale, Trustee shall apply the <br />proceeds of sale to payment of (a) all sums expended under the terms hereof, not then repaid, with <br />accrued interest at 18% per annum, (b) all other sums then secured hereby, and (c) the remainder, <br />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 />12. REMEDIES NOT EXCLUSIVE. Trustee and Beneficiary, 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 Beneficiary's right to <br />realize upon or enforce any other security now or hereafter held by Trustee or Beneficiary, it being <br />agreed that Trustee and Beneficiary, and each of them, shall be entitled to enforce this Deed of <br />Trust and any other security 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 <br />conferred upon or 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 shall be in <br />addition to every other remedy or by statute. Every power or remedy given by any of the Loan <br />Instruments to Trustee or Beneficiary or to which either of them may be otherwise entitled, may be <br />exercised, concurrently or independently, from time to time and as often as may be deemed <br />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 judgment against the <br />Trustor to the extent such action is permitted by law. <br />13. REQUEST FOR NOTICE. Trustor hereby requests a copy of any notice of default and <br />that any notice of sale hereunder be mailed to it at the address set forth in the first paragraph of this <br />Deed of Trust. <br />14. 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, or <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 />15. RECONVEYANCE BY TRUSTEE. Upon written request of Beneficiary 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 Trustor, or the person or persons legally entitled thereto, without warranty, any portion <br />DEED OF TRUST - Page 5 of 6 <br />