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<br />(b) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver, or
<br />specifically 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
<br />default and election to cause Trustors' interest in the Trust Estate to be sold, which notice Trustee shall
<br />cause to be duly filed for record in the appropriate Official Records of the County in which the Trust
<br />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
<br />Deed of Trust and the Note and such receipts and evidence of expenditures made and secured hereby as
<br />Trustee may require.
<br />(a) Upon receipt of such notice from Beneficiary, Trustee shall cause to be recorded, published
<br />and delivered to Trustors such Notice of Default and Notice of Sale as then required by law and by this
<br />Deed of Trust. Trustee shall, without demand on Trustors, after such time as may then be required by
<br />law and after recordation of such Notice of Default and after Notice of Sale having been given as required
<br />by law, sell the 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 order as it
<br />may determine, at public auction to the highest bidder for cash, in lawful money of the United States,
<br />payable at the time of sale. Trustee shall deliver to such purchaser or purchasers thereof, its good and
<br />sufficient deed or deeds, conveying the property so sold, but without any covenant or warranty, express
<br />or implied. The recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness
<br />thereof. Any person, including, without limitation, Trustors, Trustee, and Beneficiary, may purchase at
<br />such sale, and Trustors 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
<br />Trust, including costs of evidence of title in connection with sale, Trustee shall apply the proceeds of sale
<br />to payment of (i) all sums expended under the terms hereof, not then repaid, with accrued interest at 6
<br />percent per annum, (ii) all other sums then secured hereby, and (iii) the remainder, if any, to the person or
<br />persons legally entitled thereto.
<br />(c) Trustee may, in the manner provided by law, postpone sale of all or any portion of the Trustee
<br />Estate.
<br />12. REMEDIES NOT EXCLUSIVE. Trustee and Beneficiary, and each of them, shall be entitled
<br />to enforce payment and performance of any indebtedness or obligations secured hereby and to exercise
<br />all rights and powers under this Deed of Trust or under any Loan Instrument or other agreement or any
<br />laws now or hereafter in force, notwithstanding some or all of the such indebtedness and obligations
<br />secured hereby may now or hereafter be otherwise secured, whether by mortgage, deed of trust, pledge,
<br />lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement whether
<br />by court action or pursuant to the power of sale or other powers herein contained, shall prejudice or in
<br />any manner affect Trustee's or Beneficiary's right to realize upon or enforce any other security now or
<br />hereafter held by Trustee or Beneficiary, it being agreed that Trustee and Beneficiary, and each of them,
<br />shall be entitled to enforce this Deed of Trust and any other security now or hereafter held by Beneficiary
<br />or Trustee, in such order and manner as they or either of them may in their absolute discretion determine.
<br />No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive of any
<br />other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition
<br />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
<br />of them may be otherwise entitled, may be exercised, concurrently or independently, from time to time,
<br />and as often as may be deemed expedient by Trustee or Beneficiary; and either of them may pursue
<br />inconsistent remedies. Nothing herein shall be construed as prohibiting Beneficiary from seeking a
<br />deficiency judgment against the Trustors to the extent such action is permitted by law.
<br />13. REQUEST FOR NOTICE. Trustors hereby requests a copy of any notice of default, and that
<br />any notice of sale hereunder be mailed to it at the address set forth in the first paragraph of this Deed of
<br />Trust.
<br />14. GOVERNING LAW. This Deed of Trust shall be governed by the laws of the State of
<br />Nebraska. In the event that any provision or clause of any of the Loan Instruments conflicts with
<br />applicable laws, such conflicts shall not affect other provisions of such Loan Instruments which can be
<br />given effect without the conflicting provisions; and to this end, the provisions of the Loan Instruments are
<br />declared to be severable. This instrument cannot be waived, changed, discharged, or terminated orally,
<br />but only by an instrument in writing signed by the party against whom enforcement of any waiver, change,
<br />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
<br />cancellation and retention and upon payment by Trustors of Trustee's fees, Trustee shall reconvey to
<br />Trustors, or the person or persons legally entitled thereto, without warranty, any portion of the Trust
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