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<br />200601820
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<br />place designated in the notice, in the manner provided by law in effect at the time of filing said
<br />notice, at public auction to the highest bidder for cash and shall deliver to such purchaser a deed
<br />to the property sold, consistent with the law in effect at the time.
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<br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser a
<br />Trustee's Deed conveying the property sold. Recitals in the Trustee's deed shall be prima facia
<br />evidence ofthe truth of the statements made therein. Trustee shall apply the proceeds of the sale
<br />in the following order: (a) to all reasonable costs and expenses of the sale, including but not
<br />limited to, Trustee's fees of not more than two percent (2%) of the gross sale price, reasonable
<br />attorney fees and costs oftitle evidence; (b) to all sums secured by this Deed of Trust; and (c) the
<br />excess, if any, to the person or persons legally entitled thereto. Any person, including
<br />Beneficiary, may purchase said property at said sale.
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<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
<br />postponement shall be given by public declaration thereof by such person at the time and place
<br />last appointed for the sale; provided, if the sale is postponed for longer than one (1) day beyond
<br />the date designated in the notice of sale, notice thereof shall be given in the same manner as the
<br />original notice of sale.
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<br />13. 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 now 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 ofthem may pursue inconsistent
<br />remedies. Nothing herein shall be construed as prohibiting Beneficiary from seeking a
<br />deficiency judgment against Trustors to the extent such action is permitted by law.
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<br />14. Request for Notice. Trustors hereby request a copy of any notice of default and that
<br />any notice of sale hereunder be mailed to Trustors at the address set forth in the first paragraph of
<br />this Deed of Trust.
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<br />15. Aooointment of Successor Trustee. Beneficiary may, from time to time, by written
<br />instrument executed and acknowledged by Beneficiary, mailed to Trustors and recorded in the
<br />County in which the property is located and by otherwise complying with the provisions of the
<br />applicable law of the State of Nebraska, substitute a successor or successors to the Trustee
<br />named herein or acting hereunder.
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<br />16. Successors and Assigns. This Deed of Trust applies to and inures to the benefit of
<br />and binds all parties hereto, their heirs, legatees, devisees, personal representatives, successors
<br />and assigns. The term "Beneficiary" shall mean the owner and holder of the note, whether or not
<br />named as Beneficiary herein.
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<br />17. Beneficiary's Powers. Without affecting the liability of any other person liable for
<br />the payment of any obligation herein mentioned, and without affecting the lien or charge of this
<br />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, Beneficiary may, from time to time and without notice.
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