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201807329 <br />enforce any of the covenants hereof; <br />(c) Deliver to Trustee a written declaration of default and demand for sale, and a written notice of default <br />and election to cause Trustor's interest in the Trust Estate to be sold, which notice Trustee shall cause to be duly <br />filed for record in the appropriate Official Records of the County in which the Trust Estate is located. <br />11. FORECLOSURE BY POWER OF SALE. Should Beneficiary elect to foreclose by exercise of <br />the 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 may <br />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 Trust. <br />Trustee shall, without demand on Trustor, after such time as may then be required by law and after recordation of <br />such Notice of Default and after Notice of Sale having been given as required by law, sell the Trust Estate at the <br />time and place of sale fixed by it in such Notice of Sale, either as a whole, or in separate lots or parcels or items as <br />Trustee shall deem expedient, and in such order as it may determine, at public auction to the highest bidder for <br />cash, in lawful money of the United States, payable at the time of sale. Trustee shall deliver to such purchaser or <br />purchasers thereof, its good and sufficient deed or deeds, conveying the property so sold, but without any <br />covenant or warranty, express or implied. The recitals in such deed of any matters or facts shall be conclusive <br />proof of the truthfulness thereof Any person, including, without limitation, Trustor, Trustee, and Beneficiary, <br />may purchase at such sale, and Trustor hereby covenants to warrant and defend the title of such purchaser or <br />purchasers. <br />(b) As may be permitted by law, after deducting all costs, fees, 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 <br />(i) all sums expended under the terms hereof, not then repaid, with accrued interest at sixteen (16%) percent per <br />annum, (ii) all other sures then secured hereby, and (iii) the remainder, if any, to the person or persons legally <br />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 <br />enforce payment and performance of any indebtedness or obligations secured hereby and to exercise all rights and <br />powers under this Deed of Trust or under any Loan Instrument or other agreement or any laws now or hereafter in <br />force, notwithstanding some or all of the such indebtedness and obligations secured hereby may now or hereafter <br />be otherwise secured, whether by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the <br />acceptance of this Deed of Trust nor its enforcement whether by court action or pursuant to the power of sale or <br />other powers herein contained, shall prejudice or in any manner affect Trustee's or Beneficiary's right to realize <br />upon or enforce any other security now or hereafter held by Trustee or Beneficiary, it being agreed that Trustee <br />and Beneficiary, and each of them, shall be entitled to enforce this Deed of Trust and any other security now or <br />hereafter held by Beneficiary or Trustee, in such order and manner as they or either of them may in their absolute <br />discretion determine. No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to be <br />exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in <br />addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by Statute. <br />Every power or remedy given by any of the Loan Instruments to Trustee or Beneficiary or to which either of them <br />may be otherwise entitled, may be exercised, concurrently or independently, from time to time, and as often as <br />may 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. In <br />the event that any provision or clause of any of the Loan Instruments conflicts with applicable laws, such conflicts <br />shall not affect other provisions of such Loan Instruments which can be given effect without the conflicting <br />provisions; and to this end, the provisions of the Loan Instruments are declared to be severable. This instrument <br />cannot be waived, changed, discharged, or terminated orally, but only by an instrument in writing signed by the <br />party against whom enforcement of any waiver, change, discharge or termination is 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 cancellation <br />and retention and upon payment by 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 Estate then held hereunder. The <br />recitals in such reconveyance of any matters or facts shall be conclusive proof of the truthfulness thereof The <br />grantee in any reconveyance may be described as "the person or persons legally entitled thereto". <br />16. NOTICES. Whenever Beneficiary, Trustor, or Trustee shall desire to give or serve any notice, <br />