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200103041 <br />c. 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 duly filed for <br />record in the appropriate official records of the County in which the Trust Estate is located. <br />11. FORECLOSURE BY POWER OF SALE. Should Beneficiary elect to foreclose by exercise of the <br />Power of Sale herein contained, Beneficiary shall notify Trustee and shall deposit with Trustee, Gregory M. Neuhaus, <br />this Deed of Trust and the Note and such receipts and evidence of expenditures made and secured hereby as Trustee <br />may require. <br />a. Upon receipt of such notice from Beneficiary, Trustee shall cause to be recorded, published and delivered <br />to Trustor such Notice of Default and Notice of Sale as then required by law and by this Deed of Trust. Trustee shall, <br />without demand on Trustor, after,such time as may then be required by law and after recordation of such Notice of <br />Default and after Notice of Sale having been given as required by law, sell the Trust Estate at the time and place of sale <br />fixed by it in such 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 in lawful money of the <br />United States payable at the time of sale. Trustee shall deliver to such purchaser or purchasers thereof its good and <br />sufficient deed or deeds conveying the property so sold, but without any covenant or warranty, express or implied. The <br />recitals in such deed of any matters of facts shall be conclusive proof of the truthfulness thereof. Any person, including <br />without limitation, Trustor, Trustee or Beneficiary, may purchase at such sale and Trustor 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, 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 (a) all <br />sums expended under the terms hereof, not then repaid, with accrued interest at Seven and One -Half Percent (7' /z %) per <br />annum, (b) all other sums then secured hereby, and (c) the remainder, if any, to the person or persons legally entitled <br />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 <br />payment and performance of any indebtedness or obligations secured hereby and to exercise all rights and powers <br />under this Deed of Trust or under any Loan Instrument or other agreement or any laws now or hereafter in force, <br />notwithstanding some or all of the such indebtedness and obligations secured hereby may now or hereafter be <br />otherwise secured, whether by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance <br />of this Deed of Trust nor its enforcement whether by Court action or pursuant to the power of sale or other powers <br />herein contained, shall prejudice or in any manner affect Trustee's or Beneficiary's right to realize upon or enforce any <br />other security now or hereafter held by Trustee or Beneficiary, it being agreed that Trustee and Beneficiary, and each of <br />them, shall be entitled to enforce this Deed of Trust and any other security now or hereafter held by Beneficiary or <br />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 <br />by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy or by statute. <br />Every power or remedy given by any of the Loan Instruments to Trustee or Beneficiary or to which either of them may <br />be otherwise entitled, may be exercised, concurrently or independently, from time to time and as often as may be <br />deemed expedient by Trustee or Beneficiary and either of them may pursue inconsistent remedies. Nothing herein <br />shall be construed as prohibiting Beneficiary from seeking a deficiency judgment against the Trustor to the extent such <br />action is permitted by law. <br />13. REQUEST FOR NOTICE. Trustor hereby requests a copy of any notice of default and that any notice of <br />sale hereunder be mailed to it at the address set forth in the first paragraph of this Deed of Trust. <br />14. GOVERNING LAW. This Deed of Trust shall be governed by the laws of the State of Nebraska. In the <br />event that any provision or clause of any of the Loan Instruments conflicts with applicable laws, such conflicts shall not <br />affect other provisions of such Loan Instruments which can be given effect without the conflicting provisions, and to <br />this end the provisions of the Loan Instruments are declared to be severable. This instrument cannot be waived, <br />changed, or discharged or terminated orally, but only by an instrument in writing signed by the party against whom <br />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 <br />hereby have been paid, and upon surrender of this Deed of Trust and the Note to Trustee for cancellation and retention <br />and upon payment by Trustor of Trustee's fees, Trustee shall reconvey to Trustor, or the person or persons legally <br />entitled thereto, without warranty, any portion of the Trust Estate then held hereunder. The recitals in such <br />reconveyance of any matters or facts shall be conclusive proof of the truthfulness thereof. The grantee in any <br />reconveyance may be described 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 Deed of Trust, each such notice, demand, request or other <br />communication shall 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 this Deed of <br />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. TRUSTEE. The Trustee may resign at any time without cause, and Lender may at any time and without <br />cause appoint a successor or substitute Trustee. Trustee shall not be liable to any party, including, without limitation, <br />Lender, Borrower, Trustor or any purchaser of the Property, for any loss or damage unless due to reckless or willful <br />misconduct, and shall not be required to take any action in connection with the enforcement of this Deed of Trust <br />Page 3 of 4 <br />