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2.022o2338 <br />b. As may be permitted by law, after deducting all costs, fees and expenses of Trustee <br />and of this Trust, including costs of evidence of title and reasonable attorney fees, <br />Trustee shall apply the proceeds of sale to payment of (i) all sums expended under <br />the terms hereof, not then prepaid, with accrued interest; (ii) all other sums secured <br />hereby; and (iii) the remainder, if any, to the person or persons legally entitled <br />thereto. Nothing herein shall be construed as prohibiting Beneficiary from seeking <br />a deficiency judgment against Trustor. <br />c. Trustee may in the manner provided by law, postpone sale of all or any portion of <br />the Trust Estate. <br />13. REMEDIES NOT EXCLUSIVE. In the event of default, the remedies provided in this <br />Deed of Trust are not exclusive of any other remedies available to the Beneficiary and Trustee as allowed <br />by law. <br />14. ADDITIONAL TRUSTEE POWERS AND LIMITS OF LIABILITY. At any time, and <br />without notice, upon written request of the Beneficiary and presentation of this Deed of Trust and the Note <br />for endorsement, and without liability therefor, and without affecting the personal liability of any person <br />for payment of the indebtedness secured by this Deed of Trust, and without affecting the security for the <br />full amount secured on all property remaining subject to this Deed of Trust, and without the necessity that <br />any sum representing the value of any portion thereof of the property affected by the Trustee's action be <br />credited on the indebtedness, the Trustee may: <br />a. <br />b. <br />release and reconvey all or any part of the property; <br />consent to the making and recording, or either, of any map or plat of the property or <br />any part thereof; <br />c. join in granting any easement thereon; <br />d. join in or consent to any extension agreement or any agreement subordinating the lien <br />or encumbrance of this Deed of Trust. <br />The Trustee shall not be held liable for any loss resulting from any act(s) or failure(s) to act if such <br />act(s) or failure(s) are so performed in good faith. <br />15. ACCELERATION UPON SALE OR ENCUMBRANCE. If the Trustor sells, conveys, <br />transfers or disposes of, or further encumbers the property, or any part thereof, without the written consent <br />of the Beneficiary being first had and obtained, the Beneficiary shall have the right, at its option, to declare <br />all sums secured hereby immediately due and payable. <br />16. REQUEST FOR NOTICE. Trustor hereby requests a copy of any notice of default and <br />that any notice of sale hereunder be mailed to it at the address set forth in the first paragraph of this Deed <br />of Trust. <br />17. 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 Documents conflicts with applicable <br />laws, such conflicts shall not affect other provisions of such Loan Documents which can be given effect <br />without the conflicting provision, and to this end the provisions of the Loan Documents are declared to be <br />severable. This instrument cannot be waived, changed, discharged or terminated orally, but only by an <br />5 <br />