|
2O250708S
<br />(b) Trustee shall deliver to such purchaser or purchasers thereof, its good
<br />and sufficient deed or deeds, conveying the property so sold, but without any covenant or
<br />warranty, express or implied. The recitals in such deed of any matters or facts shall be
<br />conclusive proof of the truthfulness thereof. Anyperson, including, without limitation, Trustor,
<br />Trustee, and Beneficiaries, may purchase at such sale, and Trustors hereby covenants to warrant
<br />and defend the title of such purchaser or purchasers.
<br />(c) 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 sale, Trustee
<br />shall apply the proceeds of sale to payment of (i) all sums expendedunder the terms hereof, not
<br />then repaid, with accrued interest at zero (0%) percentper annum, (ii) all other sums then secured
<br />hereby, and (iii) the remainder, if any,to the person or persons legally entitled thereto.
<br />(d) 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 Beneficiaries, and each of
<br />them, shall be entitled to enforce payment and performance of any indebtedness or obligations
<br />secured 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 Beneficiaries' right to realize upon or enforce any other security now or hereafter held by
<br />Trustee or Beneficiaries, it being agreed that Trustee and Beneficiaries, and each of them, shall
<br />be entitled to enforce this Deed of Trust and any other security now or hereafter held by
<br />Beneficiaries or Trustee, in such order and manner as they or either of them may in their absolute
<br />discretion determine. No remedy herein conferred upon or reserved to Trustee or Beneficiaries
<br />is intended to be exclusive of any other remedy herein or by law provided or permitted, but each
<br />shall be cumulative and shall be in addition to every other remedy given hereunder or now or
<br />hereafter existing at law or in equity or by Statute. Every power or remedy given by any of the
<br />Loan Instruments to Trustee or Beneficiaries or to which any of them may be otherwise entitled,
<br />may be exercised, concurrently or independently, from time to time, and as often as may be
<br />deemed expedient by Trustee or Beneficiaries; and any of them may pursue inconsistent
<br />remedies.
<br />Nothing herein shall be construed as prohibiting Beneficiaries from seeking a
<br />deficiency judgment against 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 Beneficiaries
<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 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 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 />
|