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2004 202
<br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser, Trustee's
<br />deed conveying the property sold. Recitals in the Trustee's deed shall be prima facie evidence of
<br />the truth of the statements made therein. Trustee shall apply the proceeds of the sale in the
<br />following order: (a) to all reasonable costs and expenses of the sale, including but not limited to,
<br />Trustee's fees of not more than 1.5% of the gross sale price, reasonable attorney fees and costs of
<br />title evidence; (b) to all sums secured by this Deed of Trust; and (c) the excess, if any, to the
<br />person or persons legally entitled thereto. Any person, including Beneficiary, may purchase said
<br />property at said sale.
<br />The person conducting the sale may, for any cause he or she deems expedient, postpone
<br />the sale from time to time until it shall be completed and, in every such case, notice of postpone-
<br />ment shall be given by public declaration thereof by such person at the time and place last
<br />appointed for the sale; provided, if the sale is postponed for longer than one (1) day beyond the
<br />date designated in the notice of sale, notice thereof shall be given in the same manner as the
<br />original notice of sale.
<br />14. Remedies Not Exclusive. Trustee and Beneficiary, and each of them, shall be
<br />entitled to enforce payment and performance of any indebtedness or obligation secured hereby
<br />and to exercise all rights and powers under this Deed of Trust or under any loan instrument or
<br />other agreement or any laws nor or hereafter enforced, notwithstanding some or all of the
<br />indebtedness and obligations secured hereby which may now or hereafter be otherwise secured,
<br />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
<br />power of sale or other powers herein contained, shall prejudice or in any manner affect Trustee's
<br />or Beneficiary's right to realize upon or enforce any other security now or hereafter held by
<br />Trustee or Beneficiary, it being agreed that Trustee and Beneficiary, and each of them, shall be
<br />entitled to enforce this Deed of Trust and any other security now or hereafter held by the
<br />Beneficiary or Trustee in such order and manner as they, or either of them, may in their absolute
<br />discretion determine. No remedy herein conferred upon or reserved to Trustee or Beneficiary is
<br />intended to be exclusive of any other remedy herein or by law provided or permitted, but each
<br />shall be cumulative and shall be in addition to every other remedy given hereunder or now or
<br />hereafter existing at law or in equity or by statute. Every power or remedy given by any of the
<br />loan instruments to Trustee or Beneficiary or to which either of them may be otherwise entitled
<br />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
<br />remedies. Nothing herein shall be construed as prohibiting Beneficiary from seeking a
<br />deficiency judgment against Trustor to the extent such action is permitted by law.
<br />15. Request for Notice. Trustor hereby requests a copy of any notice of default and
<br />that any notice of sale hereunder be mailed to Trustor at the address set forth in the first
<br />paragraph of this Deed of Trust.
<br />16. Appointment of Successor Trustee. Beneficiary may, from, time to time, by
<br />written instrument executed and acknowledged by Beneficiary, mailed to Trustor and recorded in
<br />the County in which the property is located and by otherwise complying with the provisions of
<br />the applicable law of the State of Nebraska, substitute a successor or successors to the Trustee
<br />named herein or acting hereunder.
<br />17. Successors and Assigns. This Deed of Trust applies to, and inures to the benefit
<br />of, and binds all parties hereto, their heirs, legatees, devisees, personal representatives,
<br />successors and assigns. The term "Beneficiary" shall mean the owner and holder of the note,
<br />whether or not named as Beneficiary herein.
<br />18. Beneficiary's Powers. Without affecting the liability of any other person liable
<br />for the payment of any obligation herein mentioned, and without affecting the lien or charge of
<br />this Deed of Trust upon any portion of the property not then or theretofore released as security
<br />for the full payment of all unpaid obligations, Beneficiary may, from time to time and without
<br />notice:
<br />(a) release any persons so liable;
<br />(b) extend the maturity or alter any of the terms of any
<br />such obligation;
<br />(c) grant other indulgences;
<br />(d) release or re- convey or cause to be released or re-
<br />conveyed at any time at Beneficiary's option, any parcel, portion
<br />or all of the property;
<br />(e) take or release any other additional security for any
<br />obligation herein mentioned; or
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