|
20240486E
<br />of any matters or facts shall be conclusive proof of the truthfulness thereof. Any
<br />person, including, without limitation, Trustor, Trustee, and Beneficiary, may
<br />purchase at such sale, and Trustors hereby covenant to warrant and defend the
<br />title of such purchaser or purchasers.
<br />(b) As may be permitted by law, after deducting all costs, fees, expenses of
<br />Trustee and of this Trust, including costs of evidence of title in connection with
<br />sale, Trustee shall apply the proceeds of sale to payment of (I) all sums expended
<br />under the terms hereof, not then repaid, with accrued interest at ten (10%) percent
<br />per annum, (ii) all other sums then secured hereby, and (iii) the remainder, if any,
<br />to the person or persons legally entitled thereto.
<br />(c) Trustee may, in the manner provided by law, postpone sale of all or any
<br />portion of the Trust Estate.
<br />11. REMEDIES NOT EXCLUSIVE. Trustee and Beneficiary, and each of them,
<br />shall be entitled to enforce payment and performance of any indebtedness or obligations secured
<br />hereby and to exercise all rights and powers under this Deed of Trust or under any Loan
<br />Instrument or other agreement or any laws now or hereafter in force, notwithstanding some or all
<br />of the such indebtedness and obligations secured hereby may now or hereafter be otherwise
<br />secured, whether by 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 pursuant to the
<br />power of sale or other powers herein contained, shall prejudice or in any manner affect Trustee's
<br />or Beneficiary's right to realize upon or enforce any other security now or hereafter held by
<br />Trustee or Beneficiary, it being agreed that Trustee and Beneficiary, and each of them, shall be
<br />entitled to enforce this Deed of Trust and any other security now or hereafter held by Beneficiary
<br />or Trustee, in such order and manner as they or either of them may in their absolute discretion
<br />determine. No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended
<br />to be exclusive of any other remedy herein or by law provided or permitted, but each shall be
<br />cumulative 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 the Loan
<br />Instruments to Trustee or Beneficiary or to which either of them may be otherwise entitled, may
<br />be exercised, concurrently or independently, from time to time, and as often as may be deemed
<br />expedient by Trustee or Beneficiary; and either of them may pursue inconsistent remedies.
<br />Nothing herein shall be construed as prohibiting Beneficiary from seeking a deficiency
<br />judgmentagainst the Trustors to the extent such action is permitted by law.
<br />12. REQUEST FOR NOTICE. Trustors hereby request a copy of any notice of
<br />default, and that any notice of sale hereunder be mailed to her at the address set forth in the first
<br />paragraph of this Deed of Trust.
<br />13. 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 Loan Instruments
<br />conflicts with applicable laws, such conflicts shall not affect other provisions of such Loan
<br />Instruments which can be given effect without the conflicting provisions; and to this end, the
<br />provisions of the Loan Instruments are declared to be severable. This instrument cannot be
<br />waived, changed, discharged, or terminated orally, but only by an instrument in writing signed
<br />by the party against whom enforcement of any waiver, change, discharge or termination is
<br />sought.
<br />14. RECONVEYANCE BY TRUSTEE. Upon written request of Beneficiary
<br />stating that all sums secured hereby have been paid, and upon surrender of this Deed of Trust
<br />and the Note to Trustee for cancellation and retention and upon payment by Trustors of Trustee's
<br />fees, Trustee shall reconvey to Trustors, or the person or persons legally entitled thereto, without
<br />warranty, any portion of the Trust Estate then held hereunder. The recitals in such reconveyance
<br />of any matters or facts shall be conclusive proof of the truthfulness thereof. The grantee in any
<br />reconveyance may be described as "the person or persons legally entitled thereto".
<br />Page 4 of 5
<br />
|