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�= L r- I 89.. JL01934 following order: (i) to the costs and expenses of exercising the power of sale and of the same, including, but not limited to, trustee's fees of not more than five hundred dollars ($500.00) plus one -fifth of one percent (0.2 %) of the gross sale price, and reasonable attorneys$ fees, (ii) to the indebtedness secured hereby, and (iii) the excess, if any, to the person or persons legally entitled thereto. (e) Qther Remedies. In addition to the above remedies, if an Event of Default shall occur, Beneficiary may exercise any other remedy now or hereafter existing in equity, at law, by virtue of statute or otherwise. All costs and expenses incurred by Beneficiary in-' enf0 =nag. any right.. ".at. remedy under this Deed of , Trustp:.;. t s. s: limited ' r agstr tit l r itz cif cow f .; . hal iad ss 3�•s�bxt7ed sreby nLe clue (Tkd- le�' y' ;J�k'3t21y ::T :;tS'1�ATi3i;�:' . ... , 35> :II3rd Caaditio : iFiecedeat to SxVWYAae o `I i tss. I�e$tl� Trustor nor.,, my a -thee` won now or Y�ea�r ter is t for payment of all or .a�iy part of tip indebtedness dbAll be relt-k -, of such obligation by reason of the failure of beneficiary Lir:comply with the request of Trustor or of any other person so obligated to take action to foreclose on this Deed of Trust or otherwise enforce any provisions of this Deed of Trust or any of the Related Loan Instruments, or by reason of the release, regardless of consideration, of all or any part of the security held for the indebtedness, or by reason of any agreement or stipulation between any subsequent owner of the Deed of Trust Property and Beneficiary extending the time of payment or modifying the terms of this Deed of Trust or any of the Related Loan Instruments without first having obtained the written consent of Trustor or such other person; and in the latter event Trustor and all such other persons shall continue to be liable to make payment according to the terms of any such extension or modification agreement, unless expressly released and discharged in writing by Beneficiary. 36. waiver of Redemption, Notice, Marshalling, Etc. Trustor hereby waives and releases: (a) all benefits that might accrue to Trustor by virtue of any present or future law exempting the Trust property, or any part of the proceeds arising from the sale thereof, from attachment, levy or sale on execution, or providing for any appraisement, valuation, stay of execution, exemption from civil process, redemption or extension of time for payment; (b) all benefits that might accrue to Trustor by virtue of any constitutional requirements of a hearing before repossession, forfeiture sale or the exercise of other remedies granted a secured party under the Nebraska Uniform Commercial Code; (c) all notices, not specifically required by this Deed of Trust or the Related Loan Instruments, of default of Trustor or of Beneficiary's or Trustee's election to exercise, or Beneficiary's or Trustee's actual exercise, of any option or remedy under this Deed of Trust or any of the Related Loan Instruments; (d) any right to have the Trust Property marshalled; (e) any right to challenge any of the proceedings instituted by Beneficiary or Trustee under this Deed of Trust or any of the Related Loan Instruments by virtue of any errors, defects or imperfections in such proceedings; and (f) any rigght to a jury trial. 37. piscoi►tinutance of gracesdiAgs. In case Beneficiary shall have proceeded to enforce any right under this Deed.of Trust or any of the Related Loan Instruments; and sUch proceeding's 'shall have been discontinued or abandoned for any reason, then in every such case Trustor, Trustee and Beneficiary shall be restored to their former positions, and the rights, remedies and powers of Beneficiary and Trustee shall continue as if no such proceedings D: \LOAHDOC \HEALTH.DOT April 10, 1989 21 -. z -.