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MAY -03 -2001 THU 01;42 PM FAX N0. P. 20/42
<br />200104098
<br />(a) Upon receipt of such notice from Beneficiary, Trustee shall cause to be recorded,
<br />published and delivered to Trustor such Notice of Default and Notice of Sale is then
<br />required by law and by this Second Deed of Trust. Trustee shall, without demand on
<br />Trustor, after such time as may then be required by law and after recordation of such
<br />Notice of Default and after Notice of Sale having been given as required by law, sell the
<br />Trust Estate at (lie time and place of sale fixed by ii in such Notice of Sale, eiliter as a
<br />whole, or in separate lots or parcels or items as Trustee shall deem expedient, and in such
<br />order as it may determine, at public auction to the highest bidder for cash in lawful
<br />money of the United States payable at the time of sale. Trustee shall deliver to such
<br />purchaser or purchasers thereof its good and sufficient deed or deeds conveying the
<br />property so sold, but without any covenant or wirrtnt, express or implied, The recitals in
<br />such decd of any matters or facts shall be conclusive proof of the truthfulness thereof.
<br />Any person, including without limitation Trustor, Trustee or Beneficiary, may purchase
<br />at such sale.
<br />(b) As may be permitted by law, after deducting all costs, fees and expenses of Tiuslev and
<br />of this Trust, including costs of evidence of title in connection with sale, Trustee shall
<br />apply the proceeds of sale to payment of (1) the Ludebtedness (ii) all other sums then
<br />secured hereby, and (iii) the remainder, if any, to the person or persons legally entitled
<br />thereto.
<br />(c) Trustee luay in the manner provided by law postpone sale of all or any portion of ahc
<br />Trust Estate.
<br />12, Renredie..r Not Exclusive. Trustee and Beneficiary, and each of them, shall be cnti tled to enforce
<br />Payment and performance of any indebtedness or obligations secured hereby and to exercise all
<br />rights and powers under this Second Deal of Trust or under any Loan Instnumcnt or other
<br />agreement or ally laws now or hereafter in force; notwithstanding, solne or all ofthe such
<br />indebtedness and obligations secured hereby may now or hereafter be otherwise secured, whether
<br />by mortgage, decd of trust, pledge, Iien, assignment or otherwise. Neither the acceptance of this
<br />Second Deed of Trust nor its enforcement, whether by court order or pursuaup to the power of $110
<br />or other powers herein contained, shall prejudice or in any manner affecl Trustee's or
<br />Beneficiary's right to realize upon or enforce any other security now or hereafter held by Trustee
<br />or Beneficiary, it being agreed 1llat Trustec and Beneficiary, and each of the, shall be entitled to
<br />enforce this Second Decd of Tnust and arty 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
<br />determine. No remedy herein conferred upon or reserved to Trustee or Beneficiary is upended to
<br />be exclusive of any other remedy herein or by law provided or permitted, but each shall be
<br />cumulative and shall be in addition to every other remedy given hereunder or now or hereafter
<br />existing al. law or in equity 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, maybe
<br />exercised, concurrently or independently, from time to time and as oficn as may rice i ed
<br />c�pedicnt by Trustcc or Bcncliciary and either of there may pursue inconsistent remedies.
<br />Nothing herein shall be construed as pro9hibilitug Beneficiary from seeking a deficiency judgment
<br />against the Trustor to the extent such action is permitted by law.
<br />13. Requesi, for Motice. Trustor and all other parties set forth herein hereby requests a copy of any
<br />Notice of Default and a copy of any Notice of Sale hereunder be mailed to them at The address set
<br />forth in the first paragraph of [his Second Deed of Trust.
<br />14. Governing' Lasv. This Second Decd of Trust shall be govcmed by and construed in accordance
<br />with the laws of the State of Nebraska. In the event that any provision or clause of any of the
<br />Loan Instruments conflicts with applicable laws, such conflict shall not affect other provisions of
<br />such Loan Instruments which can be given effect without the conflicting provision, and to this end
<br />the provisions of the Loan Instruments arc declared to be severable. This instrument cannot be
<br />waived, changed, discharged or terminated orally, but only by an instrument in writing signed by
<br />the party against whom enforcement of any waiver, change, discharge or termination is sought.
<br />fi, �: - 14 -� 6 x0
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