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<br />200702468
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<br />(b) As may be permitted by law, after deducting all costs, fees and expenses of Trustee and of this
<br />Trust, including eosts of evidence of title in connection with sale, Trustee shall apply the proceeds of sale to payment of
<br />(i) the Indebtedness (ii) all other sums then secured hereby, and (iii) the remainder, if any, to the person or persons
<br />legally entitled thereto.
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<br />(c) Trustee may in the manner provided by law postpone sale of all or any portion of the Trust Estate.
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<br />12. Remedies Not Exclusive. Trustee and Beneficiary, and each of them, shall be entitled to enforce payment
<br />and performance of any indebtedness or obligations secured hereby and to exercise all rights and powers under this Second Deed
<br />of Trust or under any Loan Instrument or other agreement or any laws now or hereafter in foree; notwithstanding, some or all of
<br />the such indebtedness and obligations secured hereby may now or hereafter be otherwise secured, whether by mortgage, deed of
<br />trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Second Deed of Trust nor its enforcement, whether by
<br />court action or pursuant to the power of sale or other powers herein contained, shall prejudice or in any manner affect Trustee's
<br />or Beneficiary's right to rcalize upon or enforce any other security now or hereafter held by Trustee or Beneficiary, it being
<br />agreed that Trustee and Beneficiary, and each of them, shall be entitled to enforce this Second Deed of Trust and any other
<br />security now or hereafter held by Beneficiary or Trustee in such order and manner as they or either of them may in their absolute
<br />discretion determine. No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive of any
<br />other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy
<br />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
<br />Instruments to Trustee or Beneficiary or to which either of them may be otherwise entitled, may be exercised, concurrently or
<br />independently, from time to time and as often as may be deemed expedient by Trustee or Beneficiary and either of them may
<br />pursue inconsistent remedies. Nothing herein shall be construed as prohibiting Beneficiary from seeking a deficiency judgment
<br />against the Trustor to the extent such action is permitted by law.
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<br />13. Request For Notice. Trustor and all other parties set forth herein hereby requests a copy of any Notice of
<br />Default and a copy of any Notice of Sale hereunder be mailed to them at the address set forth in the first paragraph ofthis Second
<br />Deed of Trust.
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<br />14. Governing Law. This Second Deed of Trust shall be governed by and construed in accordance with the laws
<br />of the State of Nebraska. r n the event that any provision or clause of any of the Loan Instruments conflicts with applicable laws,
<br />such conflict shall not affect other provisions of such Loan Instruments which can be given effect without the conflicting
<br />provision, and to this end the provisions ofthe 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 party against whom enforcement of
<br />any waiVer, change, discharge or termination is sought.
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<br />15. Reconveyance by Trustee. Upon written request of Beneficiary stating that all sums secured hereby have
<br />been paid and upon surrender of this Second Deed of Trust and any note to Trustee for cancellation and retention and upon
<br />payment by Trustor of Trustee's fees, 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 reconveyance of any matters or facts shall be
<br />conclusive proof of the truthfulness thereof. The grantee in any reconveyance may be described as "the person or persons legally
<br />entitled thereto."
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<br />16. Notices. Whenever Beneficiary, Trustor or Trustee shall desire to give or serve any notice, demand, request
<br />or other communication with respect to this Second Deed of Trust, each such notice, demand, request or other communication
<br />shall be in writing and shall be effective only if the same is delivered by personal service or mailed by certified mail, postage
<br />prepaid, return receipt requested, addressed to the address set forth at the beginning of this Second Deed of Trust. Any party may
<br />at any time change its address for such notices by delivering er mailing to the other parties hereto, as aforesaid, a notice of such
<br />change.
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<br />17. Acceptance by Trustee. Trustee accepts this Trust when this Second Deed of Trust, duly executed and
<br />acknowledged, is made a public record as provided by law.
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<br />IN WITNESS WHEREOF, Trustor has executed this Second Deed of Trust as of the day and year tlrst above written.
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<br />STATE OF NEBRASKA )
<br />) ss.
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<br />16-35
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<br />NIF A MRO/Form G
<br />(10/06)
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<br />4827-8093-9776.8
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