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<br />88- 102845
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<br />so sold, but without any covenant or warranty, express or implied. The recitals
<br />in such deed of any matters or facts shall be conclu~ive proof of the
<br />truthfulness thereof. Any person, including, without ltmitation, Trustor,
<br />Trustee, and Beneficiary, may purchase at such sale, and Trustor hereby covenants
<br />to warrant and defend the title of such purchaser or purchasers.
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<br />(b) As may be permitted by law, after deducting all costs, fees, expenses
<br />of Trustee and of this Trust, including costs of evidence of title in connection
<br />with sale, Trustee shall apply the proceeds of sale to payment of (i) all sums
<br />expended under the terms hereof, not then repaid, with accrued interest at 14
<br />percent per annum, (ii) all other sums then secured hereby, and (iii) the
<br />remainder, if any, to the person or persons legally entitled thereto.
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<br />(c) Trustee may, in the manner provided by law, postpone sale of all or any
<br />portion of the Trustee Estate.
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<br />12. REMEDIES NOT EXCLUSIVE. Trustee and Beneficiary, and each of them,
<br />~hall be entitled to enforce payment and performance of any indebtedness or
<br />obligations secured hereby and to exercise all rights and powers under this Deed
<br />of Trust or under any Loan Instrument or other agreement or any laws now or
<br />hereafter in force, notwithstanding some or all of the such indebtedness and
<br />obligations secured hereby may now or hereafter be otherwise secured, whether by
<br />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
<br />pursuant to the power of sale or other powers herein contained, shall prejudice
<br />or in any manner affect Trustee's or Beneficiary's right to realize upon or
<br />enforce any other security now or hereafter held by Trustee or Beneficiary, it
<br />being agreed that Trustee and Beneficiary, and each of them, shall be entitled to
<br />enforce this Deed of Trust and any other security now or hereafter held by
<br />Baneflciary or Trustee, in such ol:der and manner as they or either of them may in
<br />their absolute discretion determine. No remedy herein conferred upon or reserved
<br />to Trustee or Beneficiary is intended to be exclusive of any other remedy herein
<br />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
<br />law or in equity or by statute. Every power or remedy given by any of the Loan
<br />Instruments to Trustee or Beneficiary or to which either of them may be otherwise
<br />entitled, may be exercised, concurrently or independently, from time to time, and
<br />as often as may be deemed expedient by Trustee or Beneficiary; and either of them
<br />may pursue inconsistent remedies. Nothing herein shall be construed as
<br />prohibiting Beneficiary from seeking a deficiency judgment against the Trustor to
<br />the extent such action is permitted by law.
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<br />13. REQUEST FOR NOTICE. Trustor hereby requests a copy of any notice of
<br />default, and that any notice of sale hereunder be mailed to it at the address set
<br />forth in the first paragraph of this Deed of Trust.
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<br />14. GOVERNING LAW. This Deed of Trust shall be governed by the laws of the
<br />State of Nebraska. In the event that any prevision or clause of any of the Loan
<br />Instruments conflicts with applicable laws, such conflicts shall not affect other
<br />provisions of such Loan Instruments which can be given effect without the
<br />conflicting provisions; and to this end, the provisions of the Loan Instruments
<br />are declared to be severable. This instrument cannot be waived, changed,
<br />discharged, or terminated orally, but only by an instrument in writing signed by
<br />the party against whom enforcement of any waiver, change, discharge or
<br />termination is sought.
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<br />IS. RECONVEYANCE BY TRUSTEE. Upon written request of Beneficiary stating
<br />that all sums secured hereby have been paid, and upon surrender of this Deed of
<br />Trust and the Note to Trustee for cancellation and retention and upon payment by
<br />Trustor of Trustee's fees, Trustee shall reconvey to Trustor, or the person or
<br />persons legally entitled thereto, without warranty, any portion of the Trust
<br />Estate then held hereunder. The recitals in such reconveyance of any matters or
<br />facts shall be conclusive proof of the truthfulness thereof. The grantee in any
<br />reconveyance may be described as "the person or persons legally entitled
<br />thereto".
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<br />16. NOTICES. Whenever Beneficiary, Trustor, or Trustee shall desire to
<br />give or serve any notice, demand, request or other communication with respect to
<br />this Deed of Trul!t, each such notice, demand, request or other communication
<br />shall be in writing and shall be effective only if the Game is delivered by
<br />pgrsonal GervlcQ or mailed by certified ma.il, postage prepaid, return receipt
<br />requested, addreased to tha address set fo~th at the beginning of this Deed of
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