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X <br />SS_. 000870 <br />(c) Deliver to Trustee a written declaration of default <br />and demand for sale, a written notice of default and election <br />to cause Trustor's interest in the Trust Estate to be sold, <br />which notice Trustee shall cause to be duly filed for record in <br />the appropriate Official Records of the County in which the <br />Trust Estate is located. <br />11. FORECLOSURE BY POWER OF <br />elect to foreclose by exercise of <br />contained, Beneficiary shall notify <br />with Trustee this Deed of Trust and <br />and evidence of expenditures made an <br />may require. <br />SALE. Should Beneficiary <br />tFe Power of Sale herein <br />Trustee and shall deposit <br />the Note and such receipts <br />d secured hereby as Trustee <br />(a) Upon receipt of such notice from Beneficiary, Trustee <br />shall cause to be recorded, published and delivered to Trustor <br />such Notice of Default and Notice of Sale as then required by <br />law and by this Deed of Trust. Trustee shall, without demand on <br />Trustor, after such time as may then be required by law and <br />after recordation of such Notice cf Default and after Notice of <br />Sale having been given as required by law, sell the Trust <br />Estate at the time and place of sale fixed by it in such Notice <br />of Sale, either as a whole, or in separate lots or parcels or <br />items as Trustee shall deem expedient, and in such order as it <br />may determine, at public auction to the highest bidder for cash <br />in lawful money of the United States payable at the time of <br />sale. Trustee shall deliver to such purchaser or purchasers <br />thereof its good and sufficient deed or deeds conveying the <br />property so sold, but without any covenant or warranty, express <br />or implied. The recitals in such deed of any matters or facts <br />shall be conclusive proof of the truthfulness thereof. Any <br />person, including, without limitation, Trustor, Trustee or Bene- <br />ficiary, may purchase at such sale and Trustor hereby covenants <br />to warrant and defend the title of such purchaser or purchasers. <br />(b) As may be permitted by law, after deducting all <br />costs, fees and expenses of Trustee and of this Trust, includ- <br />ing costs of evidence of title in connection with sale, Trustee <br />shall apply the proceeds of sale to payment of (i) all sums <br />expended under the terms hereof, not then repaid, with accrued <br />interest at the highest legal rate per annum in the State of <br />Nebraska, (ii) all other sums then secured hereby, and (iii) <br />the remainder, if any, to the person or persons legally <br />entitled thereto. <br />(c) Trustee may in the manner provided by law, postpone <br />sale of all or any portion of the Trust Estate. <br />12. REMEDIES NOT EXCLUSIVE. Trustee and Beneficiary, and <br />each of them, s a e entiC a to enforce payment and perform- <br />ance of any indebtedness or obligations secured hereby and to <br />exercise all rights and powers under this Deed of Trust or <br />under any loan Instrument or other agreement or any laws now or <br />hereafter in force, notwithstanding some or al.l, of the such <br />indebtedness and obligations secured hereby may now or here- <br />after be otherwise secured, whether by mortgage, deed of trust, <br />pledge, lien, assignment, or otherwise. Neither the acceptance <br />of this Deed of Trust nor its enforcement whether by court <br />action or pursuant to the power of sale or other powers herein <br />contained, shall prejudice or in any manner affect Trustee's or <br />Beneficiary's right to realize upon or enforce any other secur- <br />ity now or hereafter held by Trustee or Beneficiary, it being <br />agreed that. 'Trustee and Beneficiary, and each of them, shall be <br />entitled to enforce this Deed of Trust and any other security <br />now or hereafter held by_ Beneficiary or Trustee in such order <br />and manner ,-is they or either of them tuav in their .absolute <br />discreatioti determine. No remedy herein conferred upon or re- <br />served to `rruste)er or E4enefi.citary is inkcrnded to be exclusive of <br />any other remedy herein ilr 1)y law provided �jr permitted, but <br />