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200509328 <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 Forty -Five (45) days <br />beyond the date designated in the notice of sale, notice thereof shall be given in the same manner <br />as the 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 agreement or any <br />laws nor or hereafter enforced, notwithstanding some or all of the indebtedness and obligations <br />secured hereby which may now or hereafter be otherwise secured, whether by mortgage, deed of <br />trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its <br />enforcement, whether by court action or pursuant to the power of sale or other powers herein <br />contained, shall prejudice or in any manner affect Trustee's or Beneficiary's right to realize upon <br />or enforce any other security now or hereafter held by Trustee or Beneficiary, it being agreed <br />that Trustee and Beneficiary, and each of them, shall be entitled to enforce this Deed of Trust <br />and any other security now or hereafter held by the Beneficiary or Trustee in such order and <br />manner as they, or either of them, may in their absolute discretion determine. No remedy herein <br />conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive of any other <br />remedy herein or by law provided or permitted, but each shall be cumulative and shall be in <br />addition to every other remedy given hereunder or now or hereafter existing at law or in equity <br />or by statute. Every power or remedy given by any of the loan instruments to Trustee or <br />Beneficiary or to which either of them may be otherwise entitled may be exercised, concurrently <br />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 <br />construed as prohibiting Beneficiary from seeking a deficiency judgment against Trustor to the <br />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. <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 <br />(f) make compositions or other arrangements with <br />debtors in relation thereto. <br />