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202205993
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Last modified
8/15/2022 3:18:30 PM
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8/15/2022 3:06:30 PM
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DEEDS
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202205993
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08-12-22;11;49AM;Calki ns Law Office ;13089282612 # 8% <br />202205993 <br />(B) As may be permitted by law, Trustee shall apply the proceeds of the sale in the <br />following order: <br />(i) to all reasonable costs and expenses of the sale, reasonable attorneys' fees and costs of <br />title evidence; <br />(ii) to all sums secured by this Deed of Trust; <br />(iii) to the payment of junior Trust Deeds, mortgages or other lien holders; and <br />(iv) the balance, if any, to the person or persons legally entitled thereto. <br />(C) Trustee may in the manner provided by law, postpone sale of all or any portion of the <br />Trust Estate. <br />11. REMEDIES NOT EXCLUSIVE. Trustee and Beneficiary, and each of them, shall be <br />entitled to enforce payment and performance of any indebtedness or obligations secured hereby and to <br />exercise all rights and powers under this Deed of Trust or under any Loan Instrument or other agreement or <br />any laws now or hereafter in force, notwithstanding that some or allof the.: indebtedness and obligations. <br />secured hereby may now or hereafter be otherwise secured, whether by mortgage, deed of trust, pledge, lien <br />assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement whether by <br />court action or pursuant to the power of sale or other powers herein contained, shall prejudice or in any <br />manner affect Trustee's or the right of Beneficiary 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 or <br />Trustee in such order and manner as they or either of them may in their absolute discretion determine. No <br />remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive of any other <br />remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to <br />every other remedy given hereunder or now or hereafter existing at law or in equity or by statute. Every <br />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 <br />as may be deemed expedient by Trustee or Beneficiary and either of them may pursue inconsistent <br />remedies. Nothing herein shall be construed as prohibiting Beneficiary from seeking a deficiency <br />judgment against the Trustor to the extent such action is permitted by law. <br />12. REQUEST FOR NOTICE. Trustor hereby requests a copy of any notice of default and that <br />any Notice of Sale hereunder be mailed to them at the address set forth in the first paragraph of this Deed of <br />Trust. <br />13. 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 provision, 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, but <br />only by an instrument in writing signed by the party against whom enforcement of any waiver, change, <br />discharge or termination is sought. <br />14. RECONVEYANCE BY TRUSTEE. Upon written request of Beneficiary stating that all <br />sums 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 Trustor of Trustee's fees, if any, Trustee shall reconvey to <br />Trustor, or the person or persons legally entitled thereto, without warranty, any portion of the Trust Estate <br />then held hereunder. The recitals in such reconveyance of any matters or facts shall be conclusive proof of <br />the truthfulness thereof. The grantee in any reconveyance may be described as "the person or persons <br />
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