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<br /> on Trustor, after such time as may then be required by law and after recordation of such Notice of Default and after Notice of Sale
<br /> having been given as required by law, sell the property at the time and place of sale fixed by it in such Notice of Sale, either as a
<br /> whole, or in separate lots or parcels or items as Trustee shall deem eapedient, and in such order as it may determine, at public
<br /> auction to the highest bidder for cash and shall deliver to such purchaser or purchasers thereof a deed to the property sold, consistent
<br /> with the law then in effect. Recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein.
<br /> Trustee shall apply the proceeds of the sale in the following order: (a)to all reasonable costs and expenses of the sale, including but
<br /> not limited to Trustee's fees of not more than 2%of the gross sale price, reasonable attorney fees and costs of title evidence; (b)to all
<br /> sums secured by this Deed of Trust; and (c) the excess, if any, to the person or persons legally entitled thereto. Any person,
<br /> including the Beneficiary, may purchase said property at said sale. Trustee may in the manner provided by law, postpone sale of all
<br /> or any portion of the property.
<br /> 13. Trustee and the Beneficiary, and each of them, shall be entitled to enforce payment and performance of any indebtedness or
<br /> obligation secured hereby and to exercise all rights and powers under this Deed of Trust or under any loan instrument or other
<br /> agreement or any laws nor or hereafter enforced notwithstanding some or all of the indebtedness and obligations secured hereby
<br /> which may now or hereafter be 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 pursuant to the power of sale or other
<br /> powers herein contained, shall prejudice or in any manner affect Trustee's or the Beneficiary's right to realize upon or enforce any
<br /> other security now or hereafter held by Trustee or the Beneficiary, it being agreed that Trustee and the Beneficiary, and each of
<br /> them, shall be entitled to enforce this Deed of Trust and any other security now or hereafter held by the Beneficiary or Trustee in
<br /> such order and manner as they may in their absolute discretion determine. No remedy herein confened upon or reserved to Trustee
<br /> or Beneficiary is intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative
<br /> and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or equity or by statute. Every
<br /> power or remedy given by any of the loan instruments to Trustee or the Beneficiary or to which either of them may be otherwise
<br /> entitled may be exercised, concunently or independently, from time to time and as often as may be deemed expedient by Trustee or
<br /> Beneficiary, and either of them may pursue inconsistent remedies. Nothing herein shall be construed as prohibiting the Beneficiary
<br /> from seeking a deficiency judgment against Trustors to the extent such action is permitted by law.
<br /> 14. Trustors hereby request a copy of any notice of default and that any notice of sale hereunder be mailed to Trustors at the
<br /> address set forth in the first paragraph of this Deed of Trust.
<br /> 15. The Beneficiary may,by a written instrument executed and acknowledged by Beneficiary, mailed to Trustors and recorded in
<br /> the County in which the property is located and by otherwise complying with the provisions of the applicable law of the State of
<br /> Nebraska, substitute a successor to the Trustee named herein or acting hereunder.
<br /> 16. This Deed of Trust applies to and inures to the benefit of and binds all parties hereto, their heirs, personal representatives,
<br /> successors and assigns. The term "Beneficiary" shall mean the owner and holder of the note, whether or not named as Beneficiary
<br /> herein.
<br /> 17. Without affecting the liability of any other person liable for the payment of any obligation herein mentioned, and without
<br /> 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
<br /> full payment of all unpaid obligations, the Beneficiary may, from time to time and without notice: (a) release any persons so liable;
<br /> (b) extend the maturity or alter any of the terms of any such obligation; (c) grant other indulgences; (d) release or reconvey at the
<br /> Beneficiary's option any parcel, portion or all of the property; (e) take or release any other or adciitional security for any ohligation
<br /> herein mentioned; or(t�make compositions or other arrangements with debtors in relation thereto.
<br /> 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
<br /> contained herein, or the note or any other security instrument given in connection with this transaction shall be for any reason held
<br /> to be invalid, illegal or unenforceable, in any respect, such invalidity, illegality or unenforceability shall not affect any other
<br /> provisions of this Deed of Trust, but the Deed of Trust shall be construed as if such invalid, illegal or unenforceable provision had
<br /> never been contained herein or therein.
<br /> 19. Any forbearance by the Beneficiary or Trustee in exercising any right or remedy hereunder, or otherwise afforded by
<br /> applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy hereunder. Likewise, the waiver by the
<br /> 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
<br /> similar default subsequently occumng.
<br /> 20. Upon the written request of the Beneficiary stating that all sums secured hereby have been paid, and upon sunender of this
<br /> Deed of Trust and the note to the Trustee for cancellation and retention and upon payment by Trustors of Trustee's fees, Trustee shall
<br /> reconvey to Trustors, or the person or persons legally entitled thereto, without warranty, any portion of the property then held
<br /> hereunder. Recitals in such reconveyance of any matters or facts shall be conclusive proof of the truthfulness thereof. Grantees in
<br /> the reconveyance may be described as the "person or persons legally entitled thereto."
<br /> IN WITNESS WHEREOF, Trustors have executed this Deed of Trust on the date first noted above.
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<br /> RO T W. WAGONER
<br /> STATE OF NEBRASKA) Y E•��
<br /> ) SS TRACY
<br /> COUNTY OF HALL )
<br /> The foregoing instrument was acknowledged before me on November 9, 1999, by ROBERT W.
<br /> WAGONER and KAY E. �, husband and wife.
<br /> T
<br /> GENERAL N01ARY•Siate of Nebraska
<br /> Il JOHN 1.STOKMAN NOT PUBLIC
<br /> MY Comm.Exp.Jan.22,2000
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