|
<br />purchaser or purchasers.
<br />
<br />200701834
<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 topayment of (i) all sums expended under the terms hereof, not
<br />then repaid, with accrued interest at twelve (12%) percent per annum, (ii) all other sums then
<br />secured hereby, and (iii) the remainder, if any, to the person or persons legally entitled
<br />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 />13. 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 or to the extent such
<br />action is permitted by law.
<br />
<br />14. REQUEST FOR NOTICE. Trustor hereby requests a copy of any notice of
<br />default, and that any notice of sale hereunder be mailed to them at the address set forth in the
<br />first paragraph of this Deed of Trust.
<br />
<br />15. GOVERNING LAW. This Deed of Trust shall be governed by the laws of the
<br />State of Nebraska. In the event that any provision or clause of any of the Loan Instruments
<br />conflicts with applicable laws, such conflicts shall not affect other provisions of such Loan
<br />Instruments which can be given effect without the conflicting provisions; and to this end, the
<br />provisions of the Loan Instruments are declared to be severable. This instrument cannot be
<br />waived, changed, discharged, or terminated orally, but only by an instrument in writing signed
<br />by the party against whom enforcement of any waiver, change, discharge or termination is
<br />sought.
<br />
<br />16. 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 Trust and
<br />the Note to Trustee for cancellation and retention and upon payment by Trustor of Trustee's
<br />fees, Trustee shall reconvey to, 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 />17. 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 />return receipt requested, addressed to the address set forth at the beginning of this Deed of
<br />Trust. Any party may at this time change its address for such notices by delivering or mailing
<br />to the other parties hereto, as aforesaid, a notice of such change.
<br />
<br />4
<br />
|