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<br />200705081 <br /> <br />(d) In the event of default in payment of principal or interest after the 60 day grace period <br />from due date has elapsed, Beneficiaries may, without further notice proceed with acceleration, <br />foreclosure, power of sale, and any additional remedies available to Beneficiaries as stated in <br />Paragraphs 9, 10 and 11 of this Deed of Trust. <br /> <br />10. FORECLOSURE BY POWER OF SALE. Should Beneficiaries elect to foreclose by <br />exercise of the Power of Sale herein contained, Beneficiaries shall notify Trustee and shall deposit <br />with Trustee this Deed of Trust and the Note and such receipts and evidence of expenditures made <br />and secured hereby as Trustee may require. <br /> <br />(a) Upon receipt of such notice from Beneficiaries, Trustee shall cause to be recorded, <br />published and delivered to such Notice of Default and Notice of Sale as then required by law and <br />by this Deed of Trust. Trustee shall, without demand on Trustor, after such time as may then be <br />required by law and after recordation of such Notice of Default and after Notice of Sale having <br />been given as required by law, sell the Trust Estate at the time and place of sale fixed by it in such <br />Notice of Sale, either as a whole, or in separate lots or parcels or items as Trustee shall deem <br />expedient, and in such order as it may determine, at public auction to the highest bidder for cash, <br />in lawful money of the United States, payable at the time of sale. Trustee shall deliver to such <br />purchaser or purchasers thereof, its good and sufficient deed or deeds, conveying the property so <br />sold, but without any covenant or warranty, express or implied. The recitals in such deed of any <br />matters or facts shall be conclusive proof of the truthfulness thereof. Any person, including, without <br />limitation, Trustee, and Beneficiaries, may purchase at such sale, and hereby covenants to warrant <br />and defend the title of such purchaser or purchasers. <br /> <br />(b) As may be permitted by law, after deducting all costs, fees, expenses of Trustee and of <br />this Trust, including costs of evidence of title in connection with sale, Trustee shall apply the <br />proceeds of sale to payment of (i) all sums expended under the terms hereof, not then repaid, with <br />accrued interest at twelve (12%) percent per annum, (ii) all other sums then secured hereby, and <br />(iii) the remainder, if any, to the person or persons legally entitled thereto. <br /> <br />(c) Trustee may, in the manner provided by law, postpone sale of all or any portion of the <br />Trust Estate. <br /> <br />11. REMEDIES NOT EXCLUSIVE. Trustee and Beneficiaries, and each of them, shall be <br />entitled to enforce payment and performance of any indebtedness or obligations secured hereby <br />and to exercise all rights and powers under this Deed of Trust or under any Loan Instrument or <br />other agreement or any laws now or hereafter in force, notwithstanding some or all of the such <br />indebtedness and obligations secured hereby may now or hereafter be otherwise secured, whether <br />by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this <br />Deed of Trust nor its enforcement whether by court action or pursuant to the power of sale or other <br />powers herein contained, shall prejudice or in any manner affect Trustee's or Beneficiaries' right to <br />realize upon or enforce any other security now or hereafter held by Trustee or Beneficiaries, it <br />being agreed that Trustee and Beneficiaries, and each of them, shall be entitled to enforce this <br />Deed of Trust and any other security now or hereafter held by Beneficiaries or Trustee, in such <br />order and manner as they or either of them may in their absolute discretion determine. No remedy <br />herein conferred upon or reserved to Trustee or Beneficiaries 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 <br />addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by <br />Statute. Every power or remedy given by any of the Loan Instruments to Trustee or Beneficiaries <br />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 <br />Beneficiaries; and either of them may pursue inconsistent remedies. Nothing herein shall be <br />construed as prohibiting Beneficiaries from seeking a deficiency judgment against the to the extent <br />such action is permitted by law. <br /> <br />12. REQUEST FOR NOTICE. Trustor hereby requests a copy of any notice of default, and <br />that any notice of sale hereunder be mailed to them at the address set forth in the first paragraph <br />of this Deed of Trust. <br /> <br />13. GOVERNING LAW. This Deed of Trust shall be governed by the laws of the State of <br />Nebraska. In the event that any provision or clause of any of the Loan Instruments conflicts with <br />applicable laws, such conflicts shall not affect other provisions of such Loan Instruments which can <br />be given effect without the conflicting provisions; and to this end, the provisions of the Loan <br />4 <br />