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200010985 this Trust, including costs of evidence of title in connection with sale, Trustee shall apply the proceeds of sale to payment of (i) all sums expended under the terms hereof, not then repaid, with accrued interest at the default rate provided in the Note, all other sums then secured hereby, and (iii) the remainder, if any, to the person or persons legally entitled thereto. (c) Trustee may in the manner provided by law, postpone sale of all or any portion of the Trust Estate. 14. REMEDIES NOT EXCLUSIVE: Trustee and Lenders, and each of them, shall be entitled to enforce payment and performance of any indebtedness or obligations secured hereby and to exercise all rights and powers under this Deed of Trust or under any Loan Instruments or other agreement or any laws now or hereafter in force, notwithstanding some or all of the such indebtedness and obligations secured hereby may now or hereafter be otherwise secured, whether by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement whether by court action or pursuant to the power of sale or other powers herein contained, shall prejudice or in any manner affect Trustee's or Lender's right to realize upon or enforce any other security now or hereafter held by Trustee or Lenders, it being agreed that Trustee and Lenders, and each of them, shall be entitled to enforce this Deed of Trust and any other security now or hereafter held by Lenders or Trustee in such order and manner as they or either of them may in their absolute discretion determine. No remedy herein conferred upon or reserved to Trustee or Lenders is intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Loan Instruments to Trustee or Lenders or to which either of them may be otherwise entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Trustee or Lenders and either of them may pursue inconsistent remedies. Nothing herein shall be construed as prohibiting Lenders from seeking a deficiency judgment against the Borrower to the extent such action is permitted by law. 15. FORBEARANCE NOT WAIVER: Failure by Beneficiary to exercise any right or remedy available under this Trust Deed or the Note on any one default shall not waive or preclude the exercise of any right or remedy on the event of any subsequent default. 16. REQUEST FOR NOTICE: Borrower hereby requests that a copy of any notice of default or any notice of sale hereunder be mailed to it at the address set forth in the first paragraph of this Deed of Trust. 17. GOVERNING LAW: This Deed of Trust shall be governed by the laws of the State of Nebraska and in particular the provisions of the Nebraska Trust Deeds Act, the provisions of which act shall govern in event of a conflict of terms, or in case the act provides rights to the parties not stated herein. In the event that any provision or clause of any of the Loan Instruments conflicts with applicable laws, such conflicts shall not affect other provisions of such Loan Instruments which can be given effect without the conflicting provision, and to this end the provisions of the Loan Instruments are declared to be severable. This instrument cannot be waived, changed, discharged or terminated orally, but only by an instrument in writing signed by the party against whom enforcement of any waiver, change, discharge or termination is sought. 18. RECONVEYANCE BY TRUSTEE: Upon written request of Lenders stating that all sums secured hereby have been paid, and upon surrender of this Deed of Trust and the Note to Trustee for cancellation and retention and upon payment by Borrower of Trustee's fees, Trustee shall reconvey to Borrower, or the person or persons legally entitled thereto, without warranty, any portion of the Trust estate then held hereunder. The recitals in such reconveyance of any matters or facts shall be conclusive proof of the truthfulness thereof. The grantee in any reconveyance may be described as "the person or persons legally entitled thereto". 19. NOTICES: Whenever Lenders, Borrower or Trustee shall desire to give or serve any notice, demand, request or other communication with respect to this Deed of Trust, each such notice, demand, request or other communication shall be in writing and shall be effective only if the same is delivered by personal service or mailed by certified mail, postage prepaid, return receipt requested, addressed to the address set forth at the beginning of this Deed of Trust. Any party may at any time change its address for such notices by delivering or mailing to the other parties hereto, as aforesaid, a notice of such change. 20. ACCEPTANCE BY TRUSTEE AND TRUSTEE FEES: Trustee accepts this Trust when this Deed of Trust, duly executed and acknowledged, is made a public record as provided by law. In the event of default, unless specifically waived in writing by Trustee, Trustors agree to pay Trustee a fee equal to $50.00 or one -half of one percent of the entire unpaid principal sum secured, whichever is greater, subject to the limits of Neb. Rev. Stat. §76 -1012, as amended. 21. APPOINTMENT OF SUCCESSOR TRUSTEE: Lenders may, from time to time, by a written instrument executed and acknowledged by Lenders, mailed to Borrower and Recorded in the County in which the Property is located and by otherwise complying with the provisions of the applicable law of the State of Nebraska substitute a successor or successors to the Trustee named herein or acting hereunder. 22. SUCCESSORS AND ASSIGNS: This Deed of Trust applies to, inures to the benefit of and Page 4 of 5 Pages JANCs \XY4 \DATA \LAND \HHSNAULT.DOT12 /14/100