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<br />200901685 <br /> <br />(a) Upon receipt of such notice from Beneficiaries, Trustee shall cause to be recorded, <br />published and delivered to such Trustors Notice of Default and Notice of Sale as then required <br />by law and by this Deed of Trust. Trustee shall, without demand on Trustors, after such time <br />as may then be required by law and after recordation of such Notice of Default and after <br />Notice of Sale having been given as required by law, sell the Trust Estate at the time and <br />place of sale fixed by it in such Notice of Sale, either as a whole, or in separate lots or parcels <br />or items as Trustee shall deem expedient, and in such order as it may determine, at public <br />auction to the highest bidder for cash, in lawful money of the United States, payable at the <br />time of sale. Trustee shall deliver to such purchaser or purchasers thereof, its good and <br />sufficient deed or deeds, conveying the property so sold, but without any covenant or <br />warranty, express or implied. The recitals in such deed of any matters or facts shall be <br />conclusive proof of the truthfulness thereof. Any person, including, without limitation, Trustee, <br />and Beneficiaries, may purchase at such sale, and hereby covenants to warrant and defend <br />the title of such purchaser or purchasers. <br /> <br />(b) As may be permitted by law, after deducting all costs, fees, expenses of Trustee <br />and of this Trust, including costs of evidence of title in connection with sale, Trustee shall <br />apply the proceeds of sale to payment of (i) all sums expended under the terms hereof, not <br />then repaid, with accrued interest at twelve (12%) percent per annum, (ii) all other sums then <br />secured hereby, and (iii) the remainder, if any, to the person or persons legally entitled <br />thereto. <br /> <br />(c) Trustee may, in the manner provided by law, postpone sale of all or any portion of <br />the Trust Estate. <br /> <br />13. REMEDIES NOT EXCLUSIVE. Trustee and Beneficiaries, and each of them, <br />shall be entitled to enforce payment and performance of any indebtedness or obligations <br />secured hereby and to exercise all rights and powers under this Deed of Trust or under any <br />Loan Instrument or other agreement or any laws now or hereafter in force, notwithstanding <br />some or all of the such indebtedness and obligations secured hereby may now or hereafter be <br />otherwise secured, whether by mortgage, deed of trust, pledge, lien, assignment or otherwise. <br />Neither the acceptance of this Deed of Trust nor its enforcement whether by court action or <br />pursuant to the power of sale or other powers herein contained, shall prejudice or in any <br />manner affect Trustee's or Beneficiaries' right to realize upon or enforce any other security <br />now or hereafter held by Trustee or Beneficiaries, it being agreed that Trustee and <br />Beneficiaries, and each of them, shall be entitled to enforce this Deed of Trust and any other <br />security now or hereafter held by Beneficiaries or Trustee, in such order and manner as they <br />or either of them may in their absolute discretion determine. No remedy herein conferred <br />upon or reserved to Trustee or Beneficiaries is intended to be exclusive of any other remedy <br />herein or by law provided or permitted, but each shall be cumulative and shall be in addition to <br />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 <br />Beneficiaries or to which either of them may be otherwise entitled, may be exercised, <br />concurrently or independently, from time to time, and as often as may be deemed expedient <br />by Trustee or Beneficiaries; and either of them may pursue inconsistent remedies. Nothing <br />herein shall be construed as prohibiting Beneficiaries from seeking a deficiency judgment <br />against the to the extent such action is permitted by law. <br /> <br />14. REQUEST FOR NOTICE. Trustors hereby request a copy of any notice of <br />default, and that any notice of sale hereunder be mailed to them at the address set forth in the <br />first paragraph of this Deed of Trust. <br /> <br />15. GOVERNING LAW. This Deed of Trust shall be governed by the laws of the <br />State of Nebraska. In the event that any provision or clause of any of the Loan Instruments <br />conflicts with applicable laws, such conflicts shall not affect other provisions of such Loan <br />Instruments which can be given effect without the conflicting provisions; and to this end, the <br />provisions of the Loan Instruments are declared to be severable. This instrument cannot be <br />waived, changed, discharged, or terminated orally, but only by an instrument in writing signed <br />by the party against whom enforcement of any waiver, change, discharge or termination is <br />sought. <br /> <br />16. RECONVEYANCE BY TRUSTEE. Upon written request of Beneficiaries stating <br />that all sums secured hereby have been paid, and upon surrender of this Deed of Trust and <br />the Note to Trustee for cancellation and retention and upon payment by Trustors of Trustee's <br /> <br />4 <br />