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200113178
<br />and by this Deed of Trust. Trustee shall, without demand on Trustor, after such time as may
<br />then be required by law and after recordation of such Notice of Default and after Notice of
<br />Sale having been given as required by law, sell the Trust Estate at the time and place of sale
<br />fixed by it in 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 auction to the
<br />highest bidder for cash, in lawful money of the United States, payable at the time of sale.
<br />Trustee shall deliver to such purchaser or purchasers thereof, its good and sufficient deed or
<br />deeds, conveying the property so sold, but without any covenant or warranty, express or
<br />implied. The recitals in such deed of any matters or facts shall be conclusive proof of the
<br />truthfulness thereof. Any person, including, without limitation, Trustee, and Beneficiary, may
<br />purchase at such sale, and hereby covenants to warrant and defend the title of such purchaser
<br />or purchasers.
<br />(b) As may be permitted by law, after deducting all costs, fees, expenses of Trustee and
<br />of this Trust, including costs of evidence of title in connection with sale, Trustee shall apply the
<br />proceeds of sale to payment of (i) all sums expended under the terms hereof, not then repaid,
<br />with accrued interest at twelve (12 %) percent per annum, (ii) all other sums then secured
<br />hereby, and (iii) the remainder, if any, to the person or persons legally entitled thereto.
<br />(c) Trustee may, in the manner provided by law, postpone sale of all or any portion of
<br />the Trust Estate.
<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 obligations
<br />secured hereby and to exercise all rights and powers under this Deed of Trust or under any
<br />Loan Instrument or other agreement or any laws now or hereafter in force, notwithstanding
<br />some or all of the such indebtedness and obligations secured hereby may now or hereafter be
<br />otherwise secured, whether by mortgage, deed of trust, pledge, lien, assignment or otherwise.
<br />Neither the acceptance of this 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 or in any
<br />manner affect Trustee's or Beneficiary's right to realize upon or enforce any other security now
<br />or 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 or 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 to the extent such
<br />action is permitted by law.
<br />13. REQUEST FOR NOTICE. Trustor hereby request a copy of any notice of default,
<br />and that any notice of sale hereunder be mailed to them at the address set forth in the first
<br />paragraph of this Deed of Trust.
<br />14. GOVERNING LAW. This Deed of Trust shall be governed by the laws of the
<br />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 parry against whom enforcement of any waiver, change, discharge or termination is
<br />sought.
<br />15. RECONVEYANCE BY TRUSTEE. Upon written request of Beneficiary stating
<br />that all sums secured hereby have been paid, and upon surrender of this Deed of Trust and the
<br />Note to Trustee for cancellation and retention and upon payment by Trustor of Trustee's fees,
<br />Trustee shall reconvey to, or the person or persons legally entitled thereto, without warranty,
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