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RE.RECORDt.U 88-105262 88- 105141 bidder for cash and shall dellver to such purcllaser a deed to the property sold, consistent with the lew in effect at the time. Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser, Trustee's deed convClying the property sold. Recitals in the Trustee's deed shall be prima facia evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all reasoneble costs and expenses of the sale, including but not limited to, Trustee's fees of not more than 5 % of the gross sale prica, reasonable attorney fees and costs of ti tie evidence; (bl to all sums secured by this Deed of Trust; and (cl the excess, if any, to the person or persons legally entitled thereto. Any person, including Beneficiary, may purchase said property at said sale. :' The person conducting the sale may, for any cause he or she deems expedient, postpone the sale from time to time until it shall be completed and, in every such case, notice of postponement shall be given by public declaration thereof by such person at the time and place last appointed for the sale; provided, if the sale is postponed for longer than one (1 1 day beyond the date designated in the notice of sale, notice thereof shall be given in the same manner as the original notice of sale. 13. Remedies Not Exclusive. Trustee and Beneficiary, and each of them, shall be enti tied to enforce payment and performance of any indebtedness or obligation secured hereby and to exercise all rights and powers under Uhis Deed of Trust or under any loan instrument or other agreement or any laws now or hereafter enforced, notwithstanding some or all of the indebtedness an9 obligations secured hereby which may now or hereafter be otherwise secured, whether by mortgage, deed of trust, pledge, lien, assign~ent or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement, whether by court action or pursuant to the power of sele or other powers herein contained, shall prejudice or in any manner affect Trustee's or here- after held by Trustee or Beneficiary, it being agreed that Trustee and Beneficiary, and each of them, shall be entitled to enforce this Deed of Trust and any other secur- ity now or hereafter held by the BeneficijirY or Trustee in such order and manner as they, or either of them, may in their absolute discretion determine. No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to be exclu- sive of any other remedy herein or by law provided or permitted. but each shall be cumul~tive and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the loan instruments to Trustee or Beneficiary or to which either of them may be otherwise entitled may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Trustee or Beneficiary. and either of them may pursue inconsistent remedies. Nothing herein shall be construed as prohi- biting Beneficiary from seeking a deficienty judgment against Trus tor to the extent -----,;uch action is permitted by law. 14. Request for Notice. Trustor hereby requests a copy of any notice of default and that any notice of sale hereunder be mailed to Trustor at the address set forth in the first paragraph of this Deed of Trust. 15. Appointment of Successor Trustee. Beneficiary may, from time to time, by written instrument executed and acknowledged by Beneficiary, mailed to Trustor and recorded in the County in which the property is located and by otherwise complying with the provisions of the applicable law of the State of Nebraska, substitute a successor or successors to the Trustee named herein or acting hereunder. 16. Successors and Assiqns. This Daed of Trust applies to and inures to the benefi t of and binds all parties hereto, their heirs. legatees, devisees. personal representatives, successors and assigns. The term "Beneficiary" shall mean the owner and holder of the note, whether Dr not named 85 Beneficiary herein. 17. Beneficiary's Powers. Without affecting the liability of any other person liable for the payment of any obligation herein mentioned, and without affecting "he lien or charge of this Deed of Trust upon any portion of the property not then or theretofore released as security for the full payment of all unpaid obligations, Benefi~iary may, from time to time and without notice: (a) release any persons 50 liable; (b) extend the maturity Dr alter any of the terms of any such obligation; (c) grant other indulgences; -4-