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<br /> it in such Notice of Sale, either as a whole, or in separate lots or parcels or
<br /> iteme as Trustee ahall deem expedient, and in such order as it may determine, at
<br /> public auction to the highest bidder for cash, in lawful money of the United
<br /> States, payable at the time of sale. Trustee shall deliver to such purchaser or
<br /> purchasers thereof, its good and eufficient deed or deeds, conveying the property
<br /> so sold, but without any covenant or warranty, express or implied. The recitals
<br /> in such deed of any matters or facts shall be conclusive proof of the
<br /> truthfulness thereof. Any person, including, without limitation, Trustee, and
<br /> Beneficiary, may purchase at such sale, and hereby covenants to warrant and
<br /> defend the title of such purchaser or purchasers.
<br /> (b) As may be permitted by law, after deducting all costs, feea, expenses
<br /> of Trustee and of this Trust, including costs of evidence of title in connection
<br /> with sale, Trustee shall apply the proceeds of sale to payment of (i) all sums
<br /> expended under the terms hereof, not then repaid, with accrued interest at twelve
<br /> (12�) percent per annum, (ii) all other sums then secured hereby, and (iii) the
<br /> remainder, 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
<br /> any portion of the Trust Estate.
<br /> 12. REMEDIES NOT EXCLUSIVE. Trustee and Beneficiary, and each of them,
<br /> shall be entitled to enforce payment and performance of any indebtedness or
<br /> obligations secured hereby and to exercise all rights and powers under this Deed
<br /> of Trust or under any Loan Instrument or vther agreement or any laws now or
<br /> hereafter in force, notwithstanding some or all of the such indebtedness and
<br /> obligations secured hereby may now or hereafter be otherwise secured, whether by
<br /> mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the
<br /> acceptance of this Deed of Trust nor its enforcement whether by court action or
<br /> pursuant to the power of sale or other powers herein contained, shall prejudice
<br /> or in any manner affect Trustee's or Beneficiary's right to realize upon or
<br /> enforce any other security now or hereafter held by Trustee or Beneficiary, it
<br /> being agreed that Trustee and Beneficiary, and each of them, shall be entitled
<br /> to enforce this Deed of Trust and any other security now or hereafter held by
<br /> Beneficiary or Trustee, in such order and manner as they or either of them may
<br /> in their absolute discretion determine. No remedy herein conferred upon or
<br /> 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
<br /> 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
<br /> of the Loan Instruments to Trustee or Beneficiary or to which either of them may
<br /> be otherwise entitled, may be exercised, concurrently or independently, from time
<br /> to time, and as often as may be deemed expedient by Trustee or Beneficiary; and
<br /> either of them may pursue inconsiatent remedies. Nothing herein shall be
<br /> construed as prohibiting Beneficiary from seeking a deficiency judgment against
<br /> the to the extent such action is permitted by law.
<br /> 13. REQUEST FOR NOTICE. Trustors hereby request a copy of any notice of
<br /> default, and that any notice of sale hereunder be mailed to them at the address
<br /> set forth in the first paragraph of this Deed of Trust.
<br /> 14. GOVERNING LAW. This Deed of Trust shall be governed by the laws of
<br /> the State of Nebraska. In the event that any provision or clause of any of the
<br /> Loan Instruments conflicts with applicable laws, such conflicts shall not affect
<br /> other provisions of such Loan Instruments which can be given effect without the
<br /> conflicting provisions; and to this end, the provisions of the Loan Instruments
<br /> are declared to be severable. This instrument cannot be waived, changed,
<br /> 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
<br /> termination ia sought.
<br /> 15. RECON�IEYANCE BY TRUSTEE. Upon written request of Beneficiary stating
<br /> that all sums secured hereby have been paid, and upon surrender of this Deed of
<br /> Trust and the Note to Trustee for cancellation and retention and upon payment by
<br /> Trustors of Trustee's fees, Trustee shall reconvey to, or the person or persons
<br /> legally entitled thereto, without warranty, any portion of the Trust Estate then
<br /> held hereunder. The recitals in such reconveyance of any matters or facts shall
<br /> be conclusive proof of the truthfulness thereof. The grantee in any reconveyance
<br /> may be described as "the person or persons legally entitled thereto".
<br /> 16. NOTICES. Whenever Beneficiary, Trustors or Trustee shall desire to
<br /> give or serve any notice, demand, request or other communication with respect to
<br /> this Deed of Trust, each such notice, demand, request or other communication
<br /> shall be in writing and shall be effective only if the same is delivered by
<br /> personal aervice or mailed by certified mail, postaqe prepaid, return receipt
<br /> requested, addressed to the address set forth at the beginning of this Deed of
<br /> Trust. Any party may at this time change its address for such notices by
<br /> delivering or mailing to the other parties hereto, as aforesaid, a notice of such
<br /> change.
<br /> 17. DUE ON SALE. Trustors acknowledge that the Promissory Note and this
<br /> Deed of Trust shall become accelerated and the total amount of principal and
<br /> accrued interest due and payable at once upon the sale vf the property to another
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