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200104731 <br />after Notice of Sale having been given as required by law, sell the Trust Estate at the time and place of sale fixed by it in <br />such Notice of Sale, either as a 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 money of the United States payable at <br />the time of sale. 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 such deed of any <br />matters or facts shall be conclusive proof of the truthfulness thereof. Any person, including, without limitation, Trustor, <br />Trustee and Beneficiary, may purchase at such sale and Trustor hereby covenants to warrant and defend the title of such <br />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 (i) all <br />sums expended under the term hereof, not then repaid, with accrued interest at fifteen percent (15%) per annum; (ii) all <br />other sums then secured hereby; and (iii) the remainder, 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 Trust Estate. <br />12. Remedies Not Exclusive. Trustee and Beneficiary, and each of them, shall be entitled to enforce payment <br />and performance of any indebtedness or obligations secured hereby and to exercise all rights and powers under this Deed <br />of Trust or under any Loan instrument or other agreement or any laws now or hereafter in force, notwithstanding that same <br />or all of the such indebtedness and obligations secured hereby way now or hereafter be otherwise secured, whether by <br />mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its <br />enforcement, whether by court action or pursuant to the power of sale or other powers herein contained, shall prejudice <br />or in any manner affect Trustee's or Beneficiary's right to realize upon or enforce any other security now or hereafter held <br />by Trustee or Beneficiary, it being agreed that Trustee and Beneficiary, and each of them, shall be entitled to enforce this <br />Deed of Trust and any other security now or hereafter held by Beneficiary or Trustee in such order and manner as they or <br />either of them may in their absolute discretion determine. No remedy herein conferred upon or reserved to Trustee or <br />Beneficiary is intended to 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 existing at law or in equity <br />or by statute. Every power 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 deemed <br />expedient by Trustee or Beneficiary, and either of them may pursue inconsistent remedies. Nothing herein shall be <br />construed as prohibiting Beneficiary from seeking a deficiency judgment against the Trustor to the extent such action is <br />permitted by law. <br />13. Assignment of Rents. For the purpose of finishing further security for the debt secured hereby, Trustor hereby <br />assigns, transfers and sets over to the Beneficiary, to be applied toward the payment of the Note and all other sums secured <br />hereby or evidenced by the Loan Instruments, in case of default in the performance of any of the terms and conditions of <br />this Deed of Trust, or the said Note, or the terms of any Loan Instruments, all the rents, revenues and incomes, if any, to <br />be derived from the Property during such time as the Note shall remain unpaid; and the Beneficiary shall have the power <br />to appoint any agent or agents it may desire for the purpose of repairing the Property and of renting the same and collecting <br />the rents, revenues and income, and it may pay out of said income all expenses of repairing the Property and necessary <br />commissions and expenses incurred in renting and managing the same and of the payment of insurance premiums and of <br />collecting rentals therefrom, and the balance remaining, if any, to be applied toward the discharge of the Note. <br />14. Request for Notice. Trustor hereby requests a copy of any notice of default and that any notice of sale <br />hereunder be mailed to it at the address set forth in the first paragraph of this Deed of Trust. <br />15. Governing Law. This Deed of Trust shall be governed by the laws of the State of Nebraska. In the event that <br />any provision or clause of any of the Loan Instruments conflicts with applicable laws, such conflicts shall not affect other <br />provisions of such Loan Instruments which can be given effect without the conflicting provision and, to this end, the <br />provisions of the Loan Instruments are declared to be severable. This instrument cannot be waived, changed, discharged <br />or terminated orally, but only by an instrument in writing signed by the party against whom enforcement of any waiver, <br />change, discharge or termination is sought. <br />-4- <br />