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99� 1a4o�o <br /> (c) Deliver to Trustee a written declaration of default and demand for sale, <br /> and a written notice of default and election to cause Trustor's interest in the Trust <br /> Eatate to be sold, which notice Trustee ahall cause to be duly filed for record in <br /> the appropriate Official Records of the County in which the Trust Eatate ia located. <br /> 11. FORECLOSURE BY POWER OF SALE. Should Beneficiary elect to foreclose by <br /> exercise of the Power of Sale herein contained, Beneficiary ahall notify Trustee and <br /> shall deposit with Trustee thia Deed of Trust and the Note and auch receipts and <br /> evidence of expenditures made and secured hereby as Truatee may require. <br /> (a) Upon receipt of such notice from Beneficiary, Truatee ahall cause to be <br /> recorded, publiahed and delivered to Trustor such Notice of Default and Notice of <br /> Sale as then required by law and by this Deed of Trust. Trustee shall, without <br /> demand on Trustor, after such tiine as may then be r�quired by law and after <br /> recordation of auch Notice of Default and after Notice of Sale having been given as <br /> required by law, �ell the Tr`ust Estate at thc� time and place of sale fixed by him in <br /> such Notice of Sale, either as a whole, or in separate lots or parcels or items as <br /> Trustee ahall deem expedient, and in such order as it may determine, at public <br /> auction to the highest bidder for cash, in lawful money of the United States, payable <br /> at the time of sale. Trustee ahall deliver to such purchaser or purchasers thereof, <br /> its good and sufficient deed or deeds, conveying the property ao sold, but without <br /> any covenant or warranty, expresa or implied. The recitals in such deed of any <br /> matters or facts shall be conclusi�e proof of the truthfulness thereof. Any person, <br /> including, without limitation, Trustor, Trustee, and Beneficiary, may purchase at <br /> such sale, and Trustor hereby covenants to warrant and defend the title of such <br /> purchaser or purchasers. <br /> (b) As may be permitted by law, after deducting all coste, fees, expenses of <br /> Trustee and of this Truat, including costs of evidence of title in connection with <br /> sale, Trustee ahall apply the proceeda of sale to payment of (i) all sums expended <br /> under the terms hereof, not then repaid, with accrued interest at twelve (12$) <br /> percent per annum, (ii) all other sums then secured hereby, and (iii) the remainder, <br /> if any, to the person or persons legally entitled thereto. <br /> (c) Trustee may, in the manner provided by law, poatpone sale of all or any <br /> portion of the Trust Estate. <br /> 12. REMEDIES NOT EXCLUSIVE. Trustee and Beneficiary, and each of them, shall <br /> be entitled to enforce payment and performance of any indebtedness or obligations <br /> aecured hereby and to exercfse all rights and powera under thia Deed of Trust or <br /> under any Loan Instrument or other agreement or any laws now or hereafter in force, <br /> notwithatanding some or all of the such indebtednesa and obligations secured hereby <br /> may now or hereafter be otherwiee secured, whether by mortgage, deed of trust, <br /> pledge, lien, assignment or otherwise. Neither tt�e ac�eptanc� of thie DQed of Truat <br /> nor its enforcement whether by court action or pursuant to the power of sale or other <br /> powers herein contained, shall prejudice or in any manner affect Trustee's or <br /> Beneficiary's right to realize upon or enforce any other security now or hereafter <br /> held by Trustee or Beneficiary, it being agreed that Trustee and Beneficiary, and <br /> each of them, shall be entitled to enforce thia Deed of Trust and any other security <br /> now or hereafter held by Beneficiary or Trustee, in auch order and manner as they or <br /> either of them may in their absolute discretion determine. No remedy herein <br /> conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive of <br /> any other remedy herein or by law provided or permitted, but each ahall be cumulative <br /> and 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 of <br /> the Loan Instrumenta to Truatee or Beneficiary or to which either of them may be <br /> otherwise entitled, may be. exerciaed, concurrently or independently, from time to <br /> time, and as often as may be deemed expedient by Trustee or Beneficiary; and either <br /> of them may puraue inconsistent remedies. Nothing herein ahall be construed as <br /> prohibiting Beneficiary from aeeking a deficiency judgment against the Truator to the <br /> extent such action is permitted by law. . <br /> 13. REQUEST FOR NOTICE. Trustor hereby requests a copy of any notice of <br /> default, and that any notice of sale hereunder be mailed to them at the address set <br /> forth in the first paragraph of this Deed of Truat. <br /> 14. GOVERNING LAW. This Deed of Trust ahall be governed by the laws of the <br /> State of Nebraska. In the event that any provision or clause of any of the Loan <br /> Znstruments conflicta with applicable lawa, such conflicts shall not affect other <br /> provisions of auch Loan Instruments which can be given effect without the conflicting <br /> provisions; and to this end, the provisions of the Loan Instrumentg are declared to <br /> be severable. This instrument cannot be waived, changed, discharged, or terminated <br /> orally, but only by an instrument in writing signed by the party against whom <br /> enforcement of any waiver, change, discharge or termination is sought. <br /> 15. RECONVEYANCE BY TRUSTEE. Upon written request of Beneficiary atating that <br /> all sums secured hereby have been paid, and upon surrender of thie Deed of Trust and <br /> the Note to Trustee for cancellation and retention and upon payment by Trustor of <br /> Trustee's fees, Trustee ahall reconvey to Trustor, or the person or persons legally <br /> entitled thereto, without warranty, any portion of the Trust Estate then held <br /> hereunder. The recitals in such reconveyance of any matters or facts shall be <br /> conclusive proof of the truthfulness thereof. The grantee in any reconveyance may <br /> be described as "the person or peraona legally entitled thereto". <br /> 16. NOTICES. Whenever Seneficiary, Trustor, or Trustee ahall desire to give <br /> or aerve any notice, demand, request or other communication with respect to this Deed <br />