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<br />88- 10465E
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<br />bidder for cash and shall deliver to such purchaser ,J deed to the property sold,
<br />consis.tent with the law in effect at the time.
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<br />Upon receipt cf payment of ttle price bid, Trustee shail deliver to ttle purchaser,
<br />Trustee's deed conveying the prop~rty sold. Recitals in the Trustee's deed shail
<br />be prima facia evidence of tile truth of the statements made therein. Trustee shail
<br />apply the proceeds of the sale in ttle foilowing order: (a) to ail reasonable costs
<br />and expenses of the sale, including but not limited to. Trustee's fees of not more
<br />than 3 % of the gross sale price, reasonable attorney fees and costs of title
<br />evidence: (b) to all sums secured by this Deed of Trust: and (c) the excess, if any,
<br />to the person or persons legally entitled thereto. Any person, including Beneficiary,
<br />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,
<br />postpone the sale from time to time until it shail be completed and, in every such
<br />case, notice of postponement shall be given by public declaration thereof by such
<br />person at the time and place last appointed for the sale; provided, if the sale. is
<br />postponed for longer than one (l) day beyond the date designated in the notice of
<br />sale, notice thereof shall be given in the same manner as the original notice of
<br />sale. -
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<br />1:3. Remedie5 Not Exclusive. Trustee and Beneficiary, and each of them, shall
<br />b~ entitled to enforce payment and performance uf any indebtedness or obligation
<br />secured hereby and to exercise all rights and powers under etlis Deed of Trust or
<br />under any loan instrument or other agreement or ~ny laws now or hereafter enforced,
<br />notwithstanding some ur all of the indebtedness an9 obligations secured hereby which
<br />may now or hereafter be otherwise secured, whether by mortgage, deed of trust, pledge,
<br />lien, assignnent or otherwise. Neither UlI:' acceptance of this Deed of Trust nor
<br />its enforcement, whether by court action 01 pur:iUJnt to tIlE' power of sale or other
<br />powers herein contained, shall prejudice or in i"lrlY manner affect Trusteels or here-
<br />after held by Trustee or Beneficiary, it lleirlg ilt,jfPCd that Trustee and Beneficiary,
<br />and each of them, shall be entitled tu enfol'Lt= this Deed of TI'ust and any other secur-
<br />ity now or hereafter held by the BeneficiiJry Ilr Tru~tee in such order and manner
<br />as they, or either of them, ma)' in their i)b~)ullJt.L' discretion determine. No remedy
<br />herein conferred upon Dr reserved t.o Trustei! lIr Hr~lll~r iciary is intended to be exclu-
<br />sive of any other remedy hp.rein or by li..l.w pr'1vided Dr permitted. but each shall be
<br />cumulative and shall be in addition to every UUll!t remedy given hereunder or now
<br />or hereafter existing at law or in equity III tJY ",LaLuLe. [very power or remedy given
<br />by an~' of the loan instruments to Trustee or Bener lciary or to which either of them
<br />may be otherwi Sf? enti tIed may be exerLi sed. LunLUJ' rent! y or independently, from time
<br />to time and as often as may be deerned p'),pedlunt l1y 1 ru~tee lJr Beneficiary. and either
<br />of them may pursue inconsistent remedies. Nolhing rlerein shall be construed as prohi-
<br />biting Beneficiary from seeking a deficlE>r1Ly judlJrnent against Trustor to the extent
<br />such action is permitted by law.
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<br />14. Request for Notice. Trustor hereb'f requl::!-:;t:;; a l~Opy of any notice of default
<br />and that any notice of sale hereunder be mai led to Trustor at the addl'ess set forth
<br />in the first paragraph ":Jf this Deed of Trust.
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<br />15. ApDointment of Successor Trustee. 8eneficiary may, from time to time,
<br />by written instrument executed and acknow1edg8c by Beneficiary, mailed to Trustor
<br />and recorded in the C:Junty in which the property is located and by otherwise complying
<br />~ith the provisions of the applicable law LIt" the State of Nebraska, substitute a
<br />Successor or successors to the Trustee named hereirl LJr acting hereunder,
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<br />16. Successors and Assiqns. Thi~ Deed of Trust applies to and inures to the
<br />benefit of and binds all parties hereto, their heirs, legatees, devisees, personal
<br />representati v8S, successors and assigns. The term "Beneficiarylt shall mean the owner
<br />and holder of the note, whetheI Qr" not r\an'l~d ,'1".:. O(!IH::!ficidry hert:.if1.
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<br />17. Beneficiaryls Powers. Without affecting the liability of any other person
<br />liable for the payment of any obligation herein 1'lentioned. and without affecting
<br />the lien 8r charge of this Deed of Trust '..Jpon any portion of the property not th~n
<br />or tneretofore released as security for the full payment of all unpaid obligations,
<br />Beneficiary may. from time to time and wi thout nutiL!~:
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<br />(a) re lease any persons so 1 i able;
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<br />(rJ; e,..tpnc1 the matur ity or alter ani c! ;/l!-' t,-~Jf'l:... "f ,11 ~'
<br />S\Jch Qb~ irJ~t iu'\;
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<br />nrdl'! L,tt'ler i~'(hJ~'Jt?rv:e~:
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