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200607973
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Last modified
9/6/2006 4:57:11 PM
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9/6/2006 4:57:10 PM
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DEEDS
Inst Number
200607973
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<br />200607973 <br /> <br />(b) As may be permitted by law, after deducting all costs, fees, <br />and expenses of Trustee and of this Trust, including costs of evidence of <br />title in connection with sale, Trustee shall apply the proceeds of sale to <br />payment of (i) all sums expended under the terms thereof, not then <br />repaid, with accrued interest at the rate of *** f?ercent (***%) per annum, <br />(ii) all other sums then secured hereby, and (iil) the remainder, if any, to <br />the person or persons legally entitled thereto. <br /> <br />(c) Trustee may in the manner provided by law, postpone sale of <br />all or any portion of the Trust Estate. <br /> <br />, 2. Remedies Not Exclusive. Trustee and Beneficiary, and each <br />of them shall be entitled to enforce payment and performance of any <br />indebtedness or obligations secured hereby and to exercise all rights and <br />powers under this Deed of Trust or under any Loan Instrument or other <br />agreement or any laws now or hereafter in force, notwithstanding some <br />or all of the such indebtedness and obligations secured hereby may now <br />or hereafter be otherwise secured, whether by mortgage, deed of trust, <br />pledge, lien, assignment, or otherwise. Neither the acceptance of this <br />Deed of Trust nor its enforcement whether by court action or pursuant to <br />the power of sale or other p-ower herein contained, shall prejudice or in <br />any manner affect Trustee s or Beneficiary's right to realize upon or <br />enforce any other security now or thereafter held by Trustee or <br />Beneficiary, it being agreed that Trustee and Beneficiary, and each of <br />them, shall be entitled to enforce this Deed of Trust and any other <br />security now or hereafter held by Beneficiary or Trustee in such order and <br />manner as they or either of them may in their absolute discretion <br />determine. No remedy hereby conferred upon or reserved to Trustee or <br />Beneficiary is intended to be exclusive of any other remedy herein or by <br />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 <br />existing at law or in equity or by statute. Every power or remedy given <br />by any of the Loan Instruments to Trustee or Beneficiary or to which <br />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 <br />expedient by Trustee or Beneficiary and either of them may pursue <br />inconsistent remedies. Nothing herein shall be construed as prohibiting <br />Beneficiary from seeking a deficiency judgment against the Trustor to the <br />extent such action is permitted by law. <br /> <br />, 3. Request for Notice. Trustor hereby requests a copy of any <br />notice of default and that any notice of sale be mailed to Trustor at the <br />address set forth in the first paragraph of this Deed of Trust. <br /> <br />, 4. Governing Law. This Deed of Trust shall be governed by the <br />laws of the State of Nebraska. In the event that any provisions or clause <br />of any of the Loan Instruments conflicts with applicable laws, such <br />conflicts shall not affect other provisions of such Loan Instruments which <br />can be given effect without the conflicting provision, and to this end the <br />provisions of the Loan Instruments are declared to be severable. This <br />Instrument cannot be waived, changed, discharged, or terminated orally, <br />but only by an instrument in writing signed by the party against whom <br />enforcement of any waiver, change, discharge, or termination is sought. <br /> <br />5 <br />
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