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200404546 fees of not more than 2% of the gross sale price, reasonable attorney fees and costs of title evidence; (b) to all sums secured by this Deed of Trust; and (c) the excess, if any, to the person or persons legally entitled thereto. Any person, including the Beneficiary, may purchase said property at said sale. Trustee may in the manner provided by law, postpone sale of all or any portion of the property. 13. Trustee and the Beneficiary, and each of them, shall be entitled to enforce payment and performance of any indebtedness or obligation secured hereby and to exercise all rights and powers under this Deed of Trust or under any loan instrument or other agreement or any laws nor or hereafter enforced notwithstanding some or all of the indebtedness and obligations secured hereby which may now or hereafter be otherwise secured, whether by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement, whether by court action or pursuant to the power of sale or other powers herein contained, shall prejudice or in any manner affect Trustee's or the Beneficiary's right to realize upon or enforce any other security now or hereafter held by Trustee or the Beneficiary, it being agreed that Trustee and the Beneficiary, and each of them, shall be entitled to enforce this Deed of Trust and any other security now or hereafter held by the Beneficiary or Trustee in such order and manner as they may in their absolute discretion determine. No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or equity or by statute. Every power or remedy given by any of the loan instruments to Trustee or the Beneficiary or to which either of them may be otherwise entitled may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Trustee or Beneficiary, and either of them may pursue inconsistent remedies. Nothing herein shall be construed as prohibiting the Beneficiary from seeking a deficiency judgment against Trustors to the extent such action is permitted by law. 14. Trustors hereby request a copy of any notice of default and that any notice of sale hereunder be mailed to Trustors at the address set forth in the first paragraph of this Deed of Trust. 15. The Beneficiary may, by a written instrument executed and acknowledged by Beneficiary, mailed to Trustors and recorded in the County in which the property is located and by otherwise complying with the provisions of the applicable law of the State of Nebraska, substitute a successor to the Trustee named herein or acting hereunder. 16. This Deed of Trust applies to and inures to the benefit of and binds all parties hereto, their heirs, personal representatives, successors and assigns. The term "Beneficiary" shall mean the owner and holder of the note, whether or not named as Beneficiary herein. 17. Without affecting the liability of any other person liable for the payment of any obligation herein mentioned, and without affecting the lien or charge of this Deed of Trust upon any portion of the property not then or theretofore released as security for the full payment of all unpaid obligations, the Beneficiary may, from time to time and without notice: (a) release any persons so liable; (b) extend the maturity or alter any of the terms of any such obligation; (c) grant other indulgences; (d) release or reconvey at the Beneficiary's option any parcel, portion or all of the property; (e) take or release any other or additional security for any obligation herein mentioned; or (f) make compositions or other arrangements with debtors in relation thereto. 18. This Deed of Trust shall be governed by the laws of the State of Nebraska and, in the event any one or more of the provisions contained herein, or the note or any other security instrument given in connection with this transaction shall be for any reason held to be invalid, illegal or unenforceable, in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions of this Deed of Trust, but the Deed of Trust shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein or therein. 19. Any forbearance by the Beneficiary or Trustee in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy hereunder. Likewise, the waiver by the Beneficiary or Trustee of any default of the Trustors under this Deed of Trust shall not be deemed to be a waiver of any other or similar default subsequently occurring. 20. Upon the written request of the Beneficiary stating that all sums secured hereby have been paid, and upon surrender of this Deed of Trust and the note to the Trustee for cancellation and retention and upon payment by Trustors of Trustee's fees, Trustee shall reconvey to Trustors, or the person or persons legally entitled thereto, without warranty, any portion of the property then held hereunder. Recitals in such reconveyance of any matters or facts shall be conclusive proof of the truthfulness thereof. Grantees in the reconveyance may be described as the "person or persons legally entitled thereto." IN WITNESS WHEREOF, Trustors have executed this Deed of Trust on the date first noted above. MIT ELE r,. SPfEHS JARILYN SPIEHS STATE OF NEBRASKA) ) SS COUNTY OF HALL ) The foregoing instrument was acknowledged before me on April 30, 2004, by MITCHELL L. SPIEHS and JARILYN SPIEHS, husband and wife. n 1-9 NOTARY PUBLIC 6EII!JVW1:M:: dN skat AWMK1 a 29, 20115