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202605143
<br />(a) Upon receipt of such notice from Beneficiary, Trustee shall cause to be
<br />recorded, published and delivered to Trustors such Notice of Default and Notice
<br />of Sale as then required by law and by this Deed of Trust. Trustee shall, without
<br />demand on Trustor, after such time as may then be required by law and after
<br />recording such Notice of Default and after Notice of Sale having been given as
<br />required by law, sell the Trust Estate at the time and place of sale fixed by it in
<br />such Notice of Sale, either as a whole, or in separate lots or parcels or items as
<br />Trustee shall deem expedient, and in such order as it may determine, at public
<br />auction to the highest bidder for cash, in lawful money of the United States,
<br />payable at the time of sale. Trustee shall deliver to such purchaser or purchasers
<br />thereof, its good and sufficient deed or deeds, conveying the property so sold, but
<br />without any covenant or warranty, express or implied. The recitals in such deed
<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 power of
<br />sale or other powers herein contained, shall prejudice or in any manner affect Trustee's or Beneficiary's
<br />right to realize upon or enforce any other security now or hereafter held by Trustee or Beneficiary, it
<br />being agreed that Trustee and Beneficiary, and each of them, shall be entitled to enforce this Deed of
<br />Trust and any other security now or hereafter held by Beneficiaryor Trustee, in such order and manner as
<br />they or either of them may 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 remedy herein or by law
<br />provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given
<br />hereunder or now or hereafter existing at law or in equity or by Statute. Every power or remedy given by
<br />any of the Loan Instruments to Trustee or Beneficiary or to which either of them may be otherwise
<br />entitled, may be exercised, concurrently or independently, from time to time, and as often as may be
<br />deemed 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
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