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200009956 <br />payment of:(1) Attorney's fees and costs of collection; (2) Cost of any <br />evidence of title procured in connection with such sale and any revenue or tax <br />required to be paid, (3) All obligations secured by this Deed of Trust, (4) The <br />remainder, if any, to the person legally entitled thereto. <br />9. Remedies Not Exclusive. The remedies provided in this Agreement shall <br />not be exclusive. Upon the default of the Trustor, the Beneficiary may seek <br />relief by any legal or equitable means. The Beneficiary may seek to enforce <br />the agreements here made in such order and manner as Beneficiary sees fit. No <br />remedy is intended to be exclusive but each shall be cumulative. Every power <br />or remedy under the Deed of Trust to the Trustee or Beneficiary or to which <br />either of them may otherwise be entitled by law may be exercised concurrently <br />or independently as often as deemed necessary by the Trustee or the Beneficiary <br />or either of them and either of them may pursue inconsistent remedies. The <br />Beneficiary or Trustee may proceed to pursue a deficiency judgment against the <br />Trustor to the extent such action is permitted by law. <br />10. Transfer of the Property; Assumption. No part of the property or <br />interest therein may be sold within 10 years of the date of the deed, <br />transferred or otherwise conveyed by Trustor, unless full payment is made upon <br />note secured by this Deed of Trust, excluding (a) the creation of a lien or <br />encumbrance subordinate to this Deed of Trust; or (b) a transfer by devise, <br />descent or by operation of law upon the death of the Trustor; such action is a <br />breach of this agreement, and Beneficiary may, at Beneficiary's option declare <br />all sums secured by this Deed of Trust to be immediately due and payable, or <br />cause the Trustee to file a notice of default. <br />11. Forbearance by Beneficiary and Waiver. Any forbearance by Beneficiary <br />to Trustee, Trustor or anyone, in exercising any right or remedy hereunder, or <br />otherwise afforded by applicable law, shall not be a waiver of or preclude the <br />exercise of any such right or remedy hereunder. Likewise, the waiver by <br />Beneficiary to Trustee of any default of Trustor under this Deed of Trust shall <br />not be deemed to be a waiver or any other or similar defaults subsequently <br />occurring. No waiver shall be construed against the Beneficiary unless such <br />waiver shall be express and in writing signed by the Beneficiary. <br />12. Beneficiary's Powers. The Beneficiary will cause to be released, the <br />entire amount secured by this Deed of Trust, after the 10 year term has <br />expired, beginning from the date of the Deed, provided all other terms and <br />conditions of this Deed have been fulfilled. Beneficiary may, in its sole <br />discretion (i) inspect the premises at any reasonable time (ii) require such <br />additional security as may be reasonable; and (iii) substitute the Trustee <br />herein with any person, entity, or corporation qualified so to act. The <br />attorneys of the Beneficiary or one of them may now or subsequently be <br />designated the Trustee herein and may perform for the Beneficiary duties as <br />counsel and Trustee. All Trustors shall be jointly and severally obligated and <br />bound by the actions of the Beneficiary or the Trustor as herein stated. <br />13. Attorney's fees, Costs, and Expenses. Trustor agrees to pay all fees, <br />costs, and expenses including attorney's fee expended by the Beneficiary or the <br />Trustee to collect any sums due hereunder or enforce this agreement. Such sums <br />shall be deemed an advancement to protect the security when paid by the <br />Beneficiary. Provided further, however, that this section does not apply to <br />the Trustee fee referred to in paragraph 8.1.B. <br />14. Reconveyance by Trustee. Upon written request of the Beneficiary <br />stating that all conditions of this note have been met, and upon surrender of <br />this Deed of Trust and the notes to the Trustee for cancellation and retention <br />and upon payment by the Trustor of the Trustee's fees, the Trustee shall <br />reconvey to the Trustor, or the person or persons legally entitled thereto, <br />without warranty, any portion of the property then held hereunder. The <br />recitals and such reconveyance of any matters or facts shall be conclusive <br />proof of the truthfulness thereof. The Grantee in any reconveyance may be <br />described as "the person or persons legally entitled thereto." <br />15. Notices. <br />15.1 Notice as required by the Nebraska Trust Deeds Act shall be given. <br />Except as provided herein and wherever permissible by law Trustors waive <br />notice. Notice may be sent to the parties at their address as listed in this <br />agreement or as otherwise changed. All notices required herein shall be in <br />writing. Any party may at any time change it's address for such notices by <br />delivering or mailing to the other parties hereto, a notice of such change. <br />Any notice hereunder shall be deemed to have been given when placed within the <br />U.S. Mails, postage prepaid, addressed to the address of the party as listed <br />herein or as properly changed. <br />15.2 Trustor, Beneficiary, and Trustee request that a copy of any notice <br />provided hereunder, provided according to applicable law or provided by the <br />terms of any other security agreement covering the security herein, be mailed <br />to them at the address provided above. <br />16. This Deed of Trust shall be governed by the laws of the State of <br />Nebraska. <br />