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<br />limited to, the payment of a reasonable trustee's fee not to exceed h of 1% of the gross sale
<br />price, reasonable attorney's fees, and costs of evidence of title in connection with sale,
<br />Trustee shall apply the proceeds of sale to payment of (i-) the obligation secured herein and
<br />all sums expended under the terms hereof, not then repaid, with accrued interest at the
<br />default rate provided in the Note, (ii) all other sums then secured hereby, (iii) junior
<br />trust deeds, mortgages, or other lienholders, and (iv) the remainder, if any, to the person
<br />or persons legally entitled thereto.
<br />(3 ) Trustee may in the manner provided by law, postpone sale of all or any
<br />portion of the Trust Estate.
<br />L. 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
<br />and to exercise all rights and powers under this Deed of Trust or under any loan instrument
<br />or other agreement or any laws now or hereafter in force, notwithstanding some or all of the
<br />said indebtedness and obligations secured hereby may now or hereafter be otherwise secured,
<br />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
<br />the power of sale or other powers herein contained, shall prejudice or in any manner affect
<br />Trustee's or Beneficiary's right 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
<br />each of them, shall be entitled to enforce this Deed of Trust and any other security now or
<br />hereafter held by Beneficiary of Trustee in such order and manner as they or either of them
<br />may in their absolute discretion determine. No remedy herein conferred upon or reserved to
<br />Trustee or Beneficiary is intended to be exclusive of any other remedy herein or by law
<br />provided or permitted, but each shall be cumulative and shall be in addition to every other
<br />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
<br />either of them may be otherwise entitled, may be exercised, concurrently or independently,
<br />from time to time and as often as may be deemed expedient by Trustee or Beneficiary and
<br />either of them may pursue inconsistent remedies. Nothing herein shall be construed as
<br />prohibiting Beneficiary from seeking a deficiency judgment against the Trustor to the extent
<br />such action is permitted by law.
<br />M. REQUEST FOR NOTICE. Trustor hereby requests a copy of any notice of default and
<br />that any notice of sale hereunder be mailed to Trustor at the address set forth in the first
<br />paragraph of this Deed of Trust.
<br />N. 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
<br />with applicable laws, such conflicts shall not affect other provisions of such Loan
<br />Instruments which can be given effect without the conflicting provision, and to this end the
<br />provisions of the Loan Instruments are declared severable. This instrument cannot be waived,
<br />changed, discharged, or terminated orally, but only by an instrument in writing signed by the
<br />party against whom enforcement of any waiver, change, discharge, or termination is sought.
<br />O. RECONVEYANCE BY TRUSTEE. Upon written request of Beneficiary stating that all sums
<br />secured hereby have been paid, and upon surrender of this Deed of Trust and the Note to
<br />Trustee for cancellation and retention and upon payment by Trustor of Trustee's fees, Trustee
<br />shall reconvey to Trustor, or the person or persons legally entitled thereto, without
<br />warranty, any portion of the Trust Estate then held hereunder. The recitals in such
<br />reconveyance of any matters or facts shall be conclusive proof of the truthfulness thereof.
<br />The grantee in any reconveyance may be described as "the person or persons legally entitled
<br />thereto ".
<br />P. NOTICES. Whenever Beneficiary, Trustor or Trustee shall desire to give or serve
<br />any notice, demand, request or other communication with respect to this Deed of Trust, each
<br />such notice, demand, request or other communication shall be in writing and shall be
<br />effective only if the same is delivered by personal service or mailed by certified mail,
<br />postage prepaid, return receipt requested, addressed to the address set forth at the
<br />beginning of this Deed of Trust. Any party may at any time change its address for such
<br />notices by delivering or mailing to the other parties hereto, as aforesaid, a notice of such
<br />change.
<br />Q. ACCEPTANCE BY TRUSTEE. Trustee accepts this Trust when this Deed of Trust, duly
<br />executed and acknowledged, is made a public record as provided by law.
<br />R. TRANSFER OF THE PROPERTY; ASSUMPTION. If all or any part of the Trust Estate or
<br />an interest therein is sold, transferred, assigned, leased for more than three (3) years with
<br />or without an option to purchase, or conveyed, either in whole or in part, whether
<br />voluntarily or involuntarily, by Trustor without Beneficiary's prior written consent,
<br />excluding a transfer by devise, descent or by operation of law upon the death of a joint
<br />tenant, Beneficiary may, at Beneficiary's option, declare all the sums secured by this Deed
<br />of Trust to be immediately due and payable. Beneficiary shall have waived such option to
<br />accelerate if, prior to the sale, transfer, assignment, lease or conveyance, Beneficiary and
<br />Trustor reach agreement in writing that the credit of such person is satisfactory to
<br />Beneficiary. The consent of Beneficiary to such a sale, transfer, assignment, lease or
<br />conveyance cannot be unreasonably withheld. If Beneficiary has waived the option to
<br />accelerate provided in this paragraph, and if Trustoe's successor in interest has executed
<br />a written assumption agreement accepted in writing by Beneficiary, Beneficiary shall release
<br />Trustor from all obligations under this Deed of Trust and Note.
<br />IN WITNESS WHEREOF, Trustor has executed this Deed of Trust as of the day and
<br />year first above written.
<br />Jidk . Ogde
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<br />Julie A. Ogden i
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