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200004675 <br />(c) Deliver to Trustee a written declaration of default and demand for sale, and a written notice of <br />default and election to cause Trustor's interest in the Trust Estate to be sold, which notice Trustee shall cause <br />to be duly filed for record in the appropriate Official Records of the County in which the Trust Estate is <br />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 this Deed of <br />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 <br />delivered to Trustor such Notice of Default and Notice of Sale as then required by law and by this Deed of <br />Trust. Trustee shall, without demand on Trustor, after such time as may then be required by law and after <br />recordation of such Notice of Default and after Notice of Sale having been given as required by law, sell the <br />Trust Estate at the time and place of sale fixed by it in such Notice of Sale, either as a whole, or in separate <br />lots or parcels or items as Trustee shall deem expedient, and in such order as it may determine, at public <br />auction to the highest bidder for cash, in lawful money of the United States, payable at the time of sale. <br />Trustee shall deliver to such purchaser or purchasers thereof, its good and sufficient deed or deeds, <br />conveying the property so sold, but without any covenant or warranty, express or implied. The recitals in <br />such deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any person, <br />including, without limitation, Trustor, Trustee, and Beneficiary, may purchase at such sale, and Trustor <br />hereby 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, expenses of Trustee and of this <br />Trust, including costs of evidence of title in connection with sale, Trustee shall apply the proceeds of sale to <br />payment of (i) all sums expended under the terms hereof, not then repaid, with accrued interest at twelve <br />(12 %) percent per annum, (ii) all other sums then secured hereby, and (iii) the remainder, if any, to the <br />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 Trust <br />Estate. <br />12. REMEDIES NOT EXCLUSIVE. Trustee and Beneficiary, and each of them, shall be entitled to <br />enforce payment and performance of any indebtedness or obligations secured hereby and to exercise all <br />rights and powers under this Deed of Trust or under any Loan Instrument or other agreement or any laws <br />now or hereafter in force, notwithstanding some or all of the such indebtedness and obligations secured <br />hereby may now or hereafter be otherwise secured, whether by mortgage, deed of trust, pledge, lien, <br />assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement whether by court <br />action or pursuant to the power of sale or other powers herein contained, shall prejudice or in any manner <br />affect Trustee's or Beneficiary's right to realize upon or enforce any other security now or hereafter held by <br />Trustee or Beneficiary, it being agreed that Trustee and Beneficiary, and each of them, shall be entitled to <br />enforce this Deed of Trust and any other security now or hereafter held by Beneficiary or Trustee, in such <br />order and 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 remedy herein <br />or by law provided or permitted, but each shall be cumulative and shall be in addition to every other <br />remedy given hereunder or now or hereafter existing at law or in equity or by Statute. Every power or <br />remedy given by any of the Loan Instruments to Trustee or Beneficiary or to which either of them may be <br />otherwise entitled, may be exercised, concurrently or independently, from time to time, and as often as may <br />be deemed expedient by Trustee or Beneficiary; and either of them may pursue inconsistent remedies. <br />Nothing 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 that any <br />notice of sale hereunder be mailed to her 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. <br />In the event that any provision or clause of any of the Loan Instruments conflicts with applicable laws, such <br />conflicts shall not affect other provisions of such Loan Instruments which can be given effect without the <br />conflicting provisions; and to this end, the provisions of the Loan Instruments are declared to be severable. <br />This instrument cannot be waived, changed, discharged, or terminated orally, but only by an instrument in <br />writing signed by the party against whom enforcement of any waiver, change, discharge or termination is <br />sought. <br />15. RECONVEYANCE BY TRUSTEE. Upon written request of Beneficiary stating that all sums <br />secured hereby have been paid, and upon surrender of this Deed of Trust and the Note to Trustee for <br />cancellation and retention and upon payment by Trustor of Trustee's fees, Trustee shall reconvey to Trustor, <br />or the person or persons legally entitled thereto, without warranty, any portion of the Trust Estate then held <br />hereunder. The recitals in such reconveyance of any matters or facts shall be conclusive proof of the <br />