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200400570 <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 <br />1 <br />Julie A. Ogden i <br />