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200008675 <br />(a) Upon receipt of such notice from Beneficiary, Trustee shall cause to be recorded, <br />published and delivered to Trustor such Notice of Default and Notice of Sale as then <br />required by law and by this Second Deed of Trust. Trustee shall, without demand on <br />Trustor, after such time as may then be required by law and after recordation of such <br />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 <br />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 <br />money of the United States payable at the time of sale. Trustee shall deliver to such <br />purchaser or purchasers thereof its good and sufficient deed or deeds conveying the <br />property so sold, but without any covenant or warrant, express or implied. The recitals in <br />such deed of any matters or facts shall be conclusive proof of the truthfulness thereof. <br />Any person, including without limitation Trustor, Trustee or Beneficiary, may purchase <br />at such sale. <br />(b) As may be permitted by law, after deducting all costs, fees and expenses of Trustee and <br />of this Trust, including costs of evidence of title in connection with sale, Trustee shall <br />apply the proceeds of sale to payment of (I) the Indebtedness (ii) all other sums then <br />secured hereby, and (iii) the remainder, if any, to the person or persons legally entitled <br />thereto. <br />(c) Trustee may in the manner provided by law postpone sale of all or any portion of the <br />Trust Estate. <br />10. Remedies Not Exclusive. Trustee and Beneficiary, and each of them, shall be entitled to enforce <br />payment and performance of any indebtedness or obligations secured hereby and to exercise all <br />rights and powers under this Second Deed of Trust or under any Loan Instrument or other <br />agreement or any laws now or hereafter in force; notwithstanding, some or all of the such <br />indebtedness and obligations secured hereby may now or hereafter be otherwise secured, whether <br />by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this <br />Second Deed of Trust nor its enforcement, whether by court order or pursuant to the power of sale <br />or other powers herein contained, shall prejudice or in any manner affect Trustee's or <br />Beneficiary's right to realize upon or enforce any other security now or hereafter held by Trustee <br />or Beneficiary, it being agreed that Trustee and Beneficiary, and each of the, shall be entitled to <br />enforce this Second Deed of Trust and any other security now or hereafter held by Beneficiary or <br />Trustee in such order and manner as they or either of them may in their absolute discretion <br />determine. No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to <br />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 <br />existing at law or in equity or by statute. Every power or remedy given by any of the Loan <br />Instruments to Trustee or Beneficiary or to which either of them may be otherwise entitled, maybe <br />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. <br />Nothing herein shall be construed as pro9hibiting Beneficiary from seeking a deficiency judgment <br />against the Trustor to the extent such action is permitted by law. <br />11. Request for Notice. Trustor and all other parties set forth herein hereby requests a copy of any <br />Notice of Default and a copy of any Notice of Sale hereunder be mailed to them at the address set <br />forth in the first paragraph of this Second Deed of Trust. <br />12. Governing Law. This Second Deed of Trust shall be governed by and construed in accordance <br />with the laws of the State of Nebraska. In the event that any provision or clause of any of the <br />Loan Instruments conflicts with applicable laws, such conflict shall not affect other provisions of <br />such Loan Instruments which can be given effect without the conflicting provision, and to this end <br />the provisions of the Loan Instruments are declared to be severable. This instrument cannot be <br />waived, changed, discharged or terminated orally, but only by an instrument in writing signed by <br />the party against whom enforcement of any waiver, change, discharge or termination is sought. <br />