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<br />200610688 <br /> <br />truthfulness thereof. Any person, including, without limitation, Trustor, Trustee, and <br />Beneficiary, may purchase at such sale, and Trustor hereby covenants to warrant and defend <br />the title of such purchaser or purchasers. <br /> <br />(b) As may be permitted by law, after deducting all costs, fees, expenses of Trustee <br />and of this Trust, including costs of evidence of title in connection with sale, Trustee shall <br />apply the proceeds of sale to payment of (i) all sums expended under the terms hereof, not <br />then repaid, with accrued interest at ten (10%) percent per annum, (ii) all other sums then <br />secured hereby, and (iii) the remainder, if any, to the person or persons legally entitled thereto. <br /> <br />(c) Trustee may, in the manner provided by law, postpone sale of all or any portion of <br />the Trust Estate. <br /> <br />11. REMEDIES NOT EXCLUSIVE. Trustee and Beneficiary, and each of them, shall <br />be entitled to enforce payment and performance of any indebtedness or obligations secured <br />hereby and to exercise all rights and powers under this Deed of Trust or under any Loan <br />Instrument or other agreement or any laws now or hereafter in force, notwithstanding some or <br />all of the such indebtedness and obligations secured hereby may now or hereafter be <br />otherwise secured, whether by mortgage, deed of trust, pledge, lien, assignment or otherwise. <br />Neither the acceptance of this Deed of Trust nor its enforcement whether by court action or <br />pursuant to the power of sale or other powers herein contained, shall prejudice or in any <br />manner affect Trustee's or Beneficiary's right to realize upon or enforce any other security now <br />or hereafter held by Trustee or Beneficiary, it being agreed that Trustee and Beneficiary, and <br />each of them, shall be entitled to enforce this Deed of Trust and any other security now or <br />hereafter held by Beneficiary or Trustee, in such order and manner as they or either of them <br />may in their absolute discretion determine. No remedy herein conferred upon or reserved to <br />Trustee or Beneficiary is intended to be exclusive of any other remedy herein or by law <br />provided or permitted, but each shall be cumulative and shall be in addition to every other <br />remedy given hereunder or now or hereafter existing at law or in equity or by Statute. Every <br />power or remedy given 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 or independently, <br />from time to time, and as often as may be deemed expedient by Trustee or Beneficiary; and <br />either of them may pursue inconsistent remedies. Nothing herein shall be construed as <br />prohibiting Beneficiary from seeking a deficiency judgment against the Trustor to the extent <br />such action is permitted by law. <br /> <br />12. REQUEST FOR NOTICE. Trustor hereby requests a copy of any notice of default, <br />and that any notice of sale hereunder be mailed to her at the address set forth in the first <br />paragraph of this Deed of Trust. <br /> <br />13. GOVERNING LAW. This Deed of Trust shall be governed by the laws of the State <br />of Nebraska. In the event that any proVision or clause of any of the Loan Instruments conflicts <br />with applicable laws, such conflicts shall not affect other provisions of such Loan Instruments <br />which can be given effect without the conflicting provisions; and to this end, the provisions of <br />the Loan Instruments are declared to be severable. This instrument cannot be waived, <br />changed, discharged, or terminated orally, but only by an instrument in writing signed by the <br />party against whom enforcement of any waiver, change, discharge or termination is sought. <br /> <br />14. RECONVEYANCE BY TRUSTEE. Upon written request of Beneficiary stating that <br />all sums secured hereby have been paid, and upon surrender of this Deed of Trust and the <br />Note to Trustee for cancellation and retention and upon payment by Trustor of Trustee's fees, <br />Trustee shall reconvey to Trustor, or the person or persons legally entitled thereto, without <br />warranty, any portion of the Trust Estate then held hereunder. The recitals in such <br />reconveyance of any matters or facts shall be conclusive proof of the truthfulness thereof. <br />The grantee in any reconveyance may be described as "the person or persons legally entitled <br />thereto" . <br /> <br />15. NOTICES. Whenever Beneficiary, Trustor, or Trustee shall desire to give or serve <br />any notice, demand, request or other communication with respect to this Deed of Trust, each <br />such notice, demand, request or other communication shall be in writing and shall be effective <br />only if the same is delivered by personal service or mailed by certified mail, postage prepaid, <br />4 <br />