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200207827 <br />(a) Upon receipt of such notice from Beneficiary. Trustee shall cause to be recorded, <br />published and delivered to Truster such Notice of Default and Notice of Sale as then <br />required by law mud by this Second Deed of Trust. Trustee shall, without demand on <br />Truslnr alter such time as may then be required by law and after recordation of such <br />Notice of Default and after Notice of Sale having been given as required by law, Sell the <br />Trust Estate 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 expedient, and in such <br />order as it may determine, at public auction to the highest bidder for cash in lawful <br />mmncy of the United States payable at the time of sale. Trustee shall deliver to such <br />purchaser or purchasers thereof its good and sufficient deed or deeds conveying the <br />propertv so sold, but without any covenant or warrant, express or implied. The recitals in <br />such decd of any matters or facts shall be conclusive proof of the truthfulness thereof <br />Any person, including without limitation Truster. Trustee or Beneficiary, may purchase <br />at such sale. <br />(,b) As Tony be permitted by law, after deducting all costs, fees and expenses of Trustee and <br />of this Trust, including costs of evidence of title in connection with sale, Trustee shall <br />apply the proceeds of sale to payment of (1) the Indebtedness (it) all other sums then <br />scouted hereby. and (iii) the remainder, if any, to the person or persons legally entitled <br />thereto. <br />(c) Trustee may in the manner provided by law postpone sale of all or any portion of the <br />Trust Estate. <br />12. Remetdes Nor &TIusive. Trustee and Beneficiary, and each of them shall be entitled to enforce <br />pavinent mid performance of any indebtedness or obligations secured hereby and to cxcrelSc all <br />rights and powers under this Second Deed 01"t first or under any Loan Instrument ar other <br />agreement or any laws now or hereafter in form notwithstanding, some or all of Bic Such <br />indebtedness and obligations secured hereby may now or hereafter be otherwise secured. whether <br />by mortgage, deed of trust, pledge, lien, assignment or otherwise Neither die acceptance of this <br />Second Deed of'ftrust nor its enforcement, whcthcr by court order or p airs mit to the power of sale <br />or other powers herein contained, shall prejudice or in any manner affect Trustee's or <br />Beneficiary's right to realize upon or enforce any other security now or hereafter held by Trustee <br />or Beneficiary , it being agreed that Tnnstcc and Beneficiary, and each of the, shall be entitled to <br />enforce this Second Deed of Trust and any other seamily now or hereafter held by Beneficiary or <br />Trustee in such order and manner as Ihcv nr cilher of them tray in their absolute discretion <br />determine. No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to <br />be exclusive of any other remedy heroin orby law provided or permitted, but each shall be <br />cumulative and shall be in addition to every other remedy given hereunder or now or hereafter <br />existing at law or in equity or by statute. Evcry power or remedy given by any, of the Loan <br />instruments m TmStce or Beneficiary or l. which either of thenunay be otherwise entitled, maybe <br />exercised, concurrently or independently, from time to time and as often as may be deemed <br />expedient by Trustee or Beneficiary and either of them may pursue inconsistent remedies. <br />Nothing herein Shall be construed as pro9hibiting Benteficiary from seeking a deficiency judgment <br />against the Tmstor In the extent such action is permitted by law. <br />13. Requeo for,Vortcv_ Tmslor and all other parties set forth herein hereby requests a copy of any <br />Notice of Default and a copy of any Notice of Sale hereunder be mailed to them at the address set <br />forth in the first paragraph of Ihis Second Deed of Trost. <br />14. Governing Low •_ This Sccnnd Decd of Trust shall be governed by and construed in accordance <br />with the laws of the State of Nebraska. In the event that any provision or clause of any of the <br />Loan Instruments conflicts with applicable laws, such conflict shall not affect other provisions of <br />such Loan Instruments which can be given effect withoul. the conflicting provision, and to this end <br />the provisions of the loan ITISnlnncmN are declared to be severable. This instrument cannot be <br />waived, changed, discharged or Icmiinalcd orally, but only by an instrument in writing signed by <br />the parry against whom enforcement many waiver, change discharge or termination is sought. <br />