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87, 104362 <br />Upon receipt of payment of the prase bid, Trustee shall <br />deliver to the purchaser, Trustee's deed conveying the property <br />sold. Recitals in the Trustee's deed shall be prima facie evi- <br />dence of the truth of the statements made therein. Trustee shall <br />apply the proceeds of the sale in the following order: (a) to <br />all reasonable costs and expenses of the sale, including but not <br />limited to, Trustee's fees of not more than one percent (1%) of <br />the gross sale price, reasonable attorney fees and costs of title <br />evidence; (b) to all sums secured by this Deed of Trust; and <br />(c) the excess, if any, to the person or persons legally entitled <br />thereto. Any person, including Beneficiary, may purchase said <br />property at said sale. <br />The person conducting the sale may, for any cause he or she <br />deems expedient, postpone the sale from time to time until it <br />shall be completed and, in every such case, notice of postpone - <br />ment shall be given by public declaration thereof by such person <br />at the time and place last appointed for the sale; provided, if <br />the sale is postponed for longer than one (1) day beyond the date <br />designated in the notice of sale, notice thereof shall be given <br />in the same manner as the original notice of sale. <br />14. Remedies Not Exclusive. Trustee and Beneficiary, and <br />each of them, shall be entitled to enforce payment and perform - <br />ance of any indebtedness or obligation secured hereby and to <br />exercise all rights and powers under this Deed of Trust or under <br />any loan instrument or other agreement or any laws now or here- <br />after enforced, notwithstanding some or all of the indebtedness <br />and obligations secured hereby which may now or hereafter be <br />otherwise secured, whether by mortgage, deed of trust, pledge, <br />lien, assignment or otherwise. Neither the acceptance of this <br />Deed of Trust nor its enforcement, whether by court action or <br />pursuant to the power of sale or other powers herein contained, <br />shall prejudice or in any manner affect Trustee's or Beneficiary's <br />right to realize upon or enforce any other security now or here- <br />after held by Trustee or Beneficiary, it being agreed that <br />Trustee and Beneficiary, and each of them, shall be entitled to <br />enforce this Deed of Trust and any other security now or here- <br />after held by the Beneficiary or Trustee in such order and manner <br />as they, or either of them, may in their absolute discretion <br />determine. No remedy herein conferred upon or reserved to <br />Trustee or Beneficiary is intended to be exclusive of any other <br />remedy herein or by law provided or permitted, but each shall be <br />cumulative and shall be in addition to every other remedy given <br />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 instru- <br />ments to Trustee or Beneficiary or to which either of them may be <br />otherwise entitled may be exercised, concurrently or independently, <br />from time to time and as often as may be deemed expedient by <br />Trustee or Beneficiary, and either of them may pursue inconsistent <br />remedies. Nothing herein shall be construed as prohibiting Bene- <br />ficiary from seeking a deficiency judgment against Trustor to the <br />extent such action is permitted by law. <br />15. Request for Notice. Trustor hereby requests a copy of <br />any notice of default - -and t at any notice of sale hereunder be <br />mailed to Trustor at the address set forth in the first paragraph <br />of this Deed of Trust. <br />16. Appointment of Successor Trustee. Beneficiary may, <br />from time to time, by written instrument executed and acknowl- <br />edged by Beneficiary, mailed to Trustor and recorded in the <br />County in which the property is located and by otherwise complying <br />with the provisions of the applicable law of the State of Nebraska, <br />substitute a successor or successors to the Trustee named herein <br />or acting hereunder. <br />17. Successors and Assigns. This Deed of Trust applies to <br />and inures to tFie-fi-d-n—efit-ofamd binds all parties hereto, their <br />heirs, legatees, devisees, personal representatives, successors <br />and assigns. The term "Beneficiary" shall mean the owner and <br />holder of the note, whether or not named as Bene£ic.i.tIry herein. <br />-5- <br />M <br />