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r 84,...... 006256 r order as it may determine, at public auction to the highest bidder for cash in lawful money of the United States payable at the time of sale. Trustee shall deliver to such purchaser or purchasers thereof its good and sufficient deed or deeds conveying the property so sold, but without any covenant or warranty, express or implied. The recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any person, including, without limitation, Trustor, Trustee or Beneficiary, may purchase at such sale and Trustor hereby covenants to warrant and defend the title of such purchaser or purchasers. (b) As may be permitted by law, after deducting aIL costs, fees and expenses of Trustee and of this Trust, including costs ofevi- dence of title in connection with sale, Trustee shall apply the pro- ceeds of sale to payment of (i) all sums expended under the terms hereof, not then repaid, with accrued interest at the highest legal rate in the State of Nebraska, (ii) all other sums then secured here- by, and (iii) the remainder, if any, to the person or persons legally entitled thereto. (c) Trustee may in the man~~ p~ovi~ed by law, postpone sale of all or any portion of the Trust ESLate, 12. REMEDIES NOT EXCLUSIVE. Trustee and Beneficiary, and each of them, shall be entitled to enforce payment and performance of. any indebtedness or obligations secured hereby and to exercise all rights and powers under this Deed of Trust or under any Loan Instrument or other agreement or any laws now or hereafter in force, notwithstand~ ing some or all of the such indebtedness and obligations secured here~ by may now or hereafter be otherwise secured, whether by mortgage, deed of trust, pledge, lien, assignment, or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement whether by court action or pursuant to the power of sale or other powers herein con- tained, shall prejudice or in any manner affect Trustee's or Bene- ficiary's right to realize upon or enforce any other security now or hereafter held by Trustee or Beneficiary, it being agreed that Trustee and Beneficiary, and each of them, shall be entitled to enforce this Deed of Trust and any other security now or hereafter held by Beneficiary or Trustee in such order and manner as they or either of them may in their absolute discretion determine. No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive of any other remedy herein or by law pro- vided or permitted, but each shall be cumulative and shall be in addi- tion to every other remedy given hereunder or now or hereafter exist- ing at law or in equity or by statute. Every power or remedy given by any of the Loan Instruments to Trustee or Beneficiary or to which either of them may be otherwise entitled, may be exercised, concur- rentlv or independently from time to time and as often as ma~ be deeme~ expedient by Trustee or Berleficiary arId either of them may pursue inconsistent remedies. Nothing herein shall be construed as prohibiting Beneficiary from seeking a deficiency judgment against the Trustor to the extent such action is permitted by law. 13. REQUEST FOR NOTICE. Trustor hereby requests a copy of any notice of default all<f that any notice of sale be mailed to it at the address set forth in the firs~ paragraph of this Deed of Trust. L 14. GOVERNING LAW. This Deed of Trust shall be governed by the laws of the- State--OT Nebraska ~ Tn the event that any provision or clause of any of the Loan Instruments conflicts with applicable laws, such conflicts shall not affect other provisions of such Loan Instru- ments which can be given effect without the conflicting provision, and to this ;~d t~e,pr?visions of the Loan ln~tr~men~s ar~ d~~lared to be se.veraDte.. Ihl.s lnstrument cannot be waived, cnangeo-, C1~S- charged, or terminated orally, hut only by an instrument in writing signed by the party against whom enforcement of any waiver, change, discharge or termination is sought. -4-