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200112585 <br />such lien by appropriate legal proceedings effective to prevent the enforcement of the lien and the <br />loss of any interest in or part of the Trust Property. <br />4. Notice. Except for any notice required under applicable law to be given in another <br />manner, (a) any notice to Trustor provided for in this Deed of Trust shall be given by mailing such <br />notice by certified mail, return receipt requested, addressed to Trustor at its mailing address set forth <br />above or at such other address as Trustor may designate by notice to Beneficiary as provided herein, <br />and (b) any notice to Beneficiary or Trustee shall be given by certified mail, return receipt requested, <br />to Beneficiary's and Trustee's mailing addresses stated herein or to such other addresses as <br />Beneficiary or Trustee may designate by notice to Trustor as provided herein. Any notice provided <br />for in this Deed of Trust shall be deemed to have been given to Trustor, Beneficiary or Trustee when <br />given in the manner designated herein. <br />5. Governing Law; SeverabilitX. This Deed of Trust shall be governed by the laws of <br />the State of Nebraska. In the event any provision or clause of this Deed of Trust conflicts with <br />applicable law, such conflict shall not affect other provisions of this Deed of Trust which can be <br />given effect without the conflicting provisions and to this end the provisions of this Deed of Trust <br />are declared to be severable. <br />6. Events of Default. Each of the following occurrences shall constitute an event of <br />default hereunder, (hereinafter called an "Event of Default "): (a) Trustor shall fail to pay after proper <br />notice any principal, interest, or principal and interest on the Indebtedness; (b) any warranty of title <br />made by Trustor herein shall be untrue; or (c) Trustor shall fail to observe or perform any of the <br />covenants, agreements or conditions in this Deed of Trust. <br />7. Acceleration of Debt, Foreclosure. Upon the occurrence of any Event of Default, or <br />any time thereafter, Beneficiary may, at its option, after notice designated in the Guaranty, declare <br />all the Indebtedness secured hereby immediately due and payable and the same shall bear interest <br />at the default rate set forth in the Guaranty. In such event, Beneficiary may bring any action in any <br />court of competent jurisdiction to foreclose this Deed of Trust or enforce any of the covenants <br />hereof. Beneficiary may elect to cause the Trust Property or any part thereof to be sold under the <br />power of sale, and in such event, Beneficiary or Trustee shall give such notice of default and notice <br />of sale as may be then required by law. Thereafter, upon the expiration of such time and the giving <br />of such notice of sale as may then be required by law, Trustee, at the time and place specified by the <br />notice of sale, shall sell such Trust Property, or any part thereof specified by Beneficiary, at public <br />auction to the highest bidder for cash in lawful money of the United States of America. Upon receipt <br />of payment of the price bid, Trustee shall apply the proceeds in the following order: (i) to the costs <br />and expenses of exercising the power of sale and of the sale, not to exceed $500.00, (ii) to the <br />Indebtedness, and (iii) the excess, if any, to the person or persons legally entitled thereto. <br />8. Duties of Trustee. Trustor agrees that the duties and obligations of Trustee shall be <br />determined solely by the express provisions of this Deed of Trust and the Trustee shall not be liable <br />except for the performance of such duties and obligations as are specifically set forth herein, and no <br />