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<br />1 (b) As may be permitted by law, after deducting, all costs, fees, expenses
<br />of Trustee and of this Trust, including costs of evidence of title in connection
<br />with sale, Trustee shall apply the proceeds of sale to payment of (i) all sums
<br />expended under the terms hereof, not then repaid, with accrued interest at 14
<br />percent per annum, (ii) all other sums then secured hereby, and (iii) the
<br />remainder, if any, to the person or persons legally entitled thereto.
<br />t.,
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<br />(c) Trustee may, in the manner provided by law, postpone sale of all or
<br />any,portion of the Trustee Estate.
<br />12. REMEDIES NOT EXCLUSIVE. Trustee. and Beneficiary, and each of them,
<br />shall be entitled to enforce payment and performance of any indebtedness or
<br />obligations secured hereby and to exercise..:,. all rights and powers under this Deed
<br />of Trust or under any Loan Instrument or'otter ajreement or any laws now or
<br />hereafter in force, notwithstanding some .or. all of the such indebtedness and
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<br />obligatios secured hereby may now or hereafter be otherwise secured, whether by
<br />mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the
<br />acceptance of this: need of Trust nor its enforcement _.4hether by dour` action or
<br />pursuant to of sale or other powers herein contained, shall prejudice
<br />or in any manner': ` ,4fect Trustee's or Beneficiary's right ;to".realize upon or
<br />enforce any other:`security now or hereafter held by Trustee: -.or Beneficiary, it
<br />being agreed thai` Trustee and Beneficiary, and each of them, shall be entitled
<br />to enforce this ,..6zo -d of Trust and any other security now or hereafter held by
<br />Beneficiary or -T:stee, in such order and manner as they -6r either of them may
<br />in their absgliir:�. discretion determine. No remedy herein conferred upon or
<br />reserved to Truster or Beneficiary is intended to ,xe. e=Il sive of any other
<br />.remedy herein or by law provided or permitted, but each shall be +csEmMlative and
<br />eball be in addition to every otlz %� .remedy given hi or now.or hereafter
<br />existing at law or in equity or by Statute. Every power ar remedy given by any
<br />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
<br />time to time, and as often as may be deemed expedient by Trustee or Beneficiary;
<br />and either of them may pursue inconsistent remedies. Nothing herein shall be
<br />construed as prohibiting Beneficiary from seeking a deficiency judgment against
<br />the Trustor to the extent such action is permitted by law.
<br />13. REOUST FOR. NOTICE. Trustor hereby requests a copy of any notice of
<br />default, and that any notice. of sale hereunder be mailed to then at the adc'reaa.
<br />set forth in the first paragzaph of this Deed of Trust.
<br />14. GOVH.PN rs LAW. This Deed of Trust shall be governed by the laws of
<br />the State of Nebraska. In the event that any provision or clause of any of the
<br />Loan Instruments conflict^z, with applicable laws, such conflicts shall not affect
<br />other provisions ,ref: such . )'scan Instruments which can be given effect without the
<br />conflicting pro;ririons; and to this end, the provisions of the Loan Instruments
<br />are declared td he severable. This instrument cannot be waived, changed,
<br />discharged, or terminated orally, but only by an instrument in writing signed by
<br />the party at�a -inst whom enforcement of any waiver, change, discharge or
<br />termination i:s sought.
<br />15. RECUBMEYANCE BY TRUSTEE. Upon written request of Beneficiary stating
<br />that all sums secured hereby have been paid, and upon surrender of this Deed of
<br />Trust and the Note to Trustee for cancellation and retention and upon payment by
<br />Trustor of Trustee's fees, Trustee shall reconvey to Trustor, or the person or
<br />persons legally entitled thereto, without warranty, any portion of the Trust
<br />Estate then held hereunder. The recitals in such reconveyance of any matters or
<br />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
<br />thereto ".
<br />16. NOTICES. Whenever Beneficiary, Trustor, or Trustee shall desire to
<br />give or serve any notice, demand, request or other communication with respect to
<br />this Deed of Trust, each such notice, demand, request or other communication
<br />shall be in writing and shall be effective only if the same is delivered by
<br />personal service or mailed by certified mail, postage prepaid, return receipt
<br />requested, addressed to the address set forth at the beginning of this Deed of
<br />Trust. Any party may at this time change its address for such notices by
<br />delivering or mailing to the other parties hereto, as aforesaid, a notice of
<br />such change.
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