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� 99- 1�4842 <br /> (c) Deliver to Trustee a written declaration of default and demand for <br /> sale, and a written notice of default and election to cause Trustor's interest <br /> in the Trust Estate to be sold, which notice Trustee ehall cause to be duly filed <br /> for record in the appropriate Official Records of the County in which the Trust <br /> Estate is located. <br /> 11. FORECLOSURE BY POWER OF SALE. Should Beneficiary elect to foreclose <br /> by exercise of the Power of Sale herein contained, Beneficiary shall notify <br /> Trustee and ahall deposit with Trustee this Deed of Trust and the Note and such <br /> receipta and evidence of expenditures made and secured hereby as Trustee may <br /> require. <br /> (a) Upon receipt of such notice from Beneficiary, Trustee ahall cause to <br /> be recorded, published and delivered to Trustor such Notice of Default and Notice <br /> of Sale ae then required by law and by this Deed of Trust. Trustee shall, <br /> without demand on Trustor, after such time as may then be required by law and <br /> after recordation of such Notice of Default and after Notice of Sale having been <br /> given as required by law, sell the Trust Estate at the time and place of eale <br /> fixed by it in such Notice of Sale, either as a whole, or in separate lots or <br /> parcels or items as Trustee shall deem expedient, and in such order as it may <br /> determine, at public auction to the highest bidder for cash, in lawful money of <br /> the United States, payable at the time of sale. Trustee ahall deliver to such <br /> purchaser or purchasers thereof, its good and sufficient deed or deeds, conveying <br /> the property ao sold, but without any covenant or warranty, express or implied. <br /> The recitala in such deed of any matters or facts shall be conclusive proof of <br /> the truthfulness thereof. Any person, including, without limitation, Trustor, <br /> Trustee, and Beneficiary, may purchase at such sale, and Trustor hereby covenants <br /> to warrant and defend the title of such purchaser or purchasers. <br /> (b) As may be permitted by law, after deducting all costs, fees, expenses <br /> of Trustee and of this Trust, including costs of evidence of title in connection <br /> with sale, Trustee ahall apply the proceeds of sale to payment of (i) all sums <br /> expended under the terma hereof, not then repaid, with accrued interest at twelve <br /> (12$) percent per annum, (ii) all other auma then secured hereby, and (iii) the <br /> remainder, if any, to the peraon 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 Eatate. <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 Truat or under any Loan Instrument or other 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 otherwiae. Neither the <br /> acceptance of thia 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, ehall be entitled <br /> to enforce this Deed of Trust and any other security now or hereafter held by <br /> Beneficiary or Truatee, 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 instrumenta to Trustee or Beneficiary or to which either of them may <br /> be otherwise entitled, may be exerciaed, 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 inconsistent remediea. Nothing herein ahall be <br /> construed as prohibiting Beneficiary from seeking a deficiency judgment against <br /> the Trustor to the extent such action is permitted by law. <br /> 13. RE4UEST FOR NOTICE. Trustor hereby requests a copy of any notice of <br /> default, and that any notice of sale hereunder be mailed to her at the address <br /> set forth in the first paragraph of this Deed of Trust. <br /> 14. GOVERNING LAW. This Deed of Trust ahall be governed by the lawa 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 is sought. <br /> 15. RECONVEYANCE BY TRUSTEE. Upon written request of Beneficiary etating <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 /> Truator of Trustee's fees, Trustee shall reconvey to Trustor, or the person or <br /> persons legally entitled thereto, without warranty, any portion of the Trust <br /> Eotate then held hereunder. The rocitala in euch roconveyanco of any mattQrr or <br /> facts ahall be conclusive proof of the truthfulness thereof. The grantee in any <br />