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"""°`t ~~-~ ~~!5~~~? -s- (ii) Commence an action to foreclose this DEED OF TRUST as a mortgage, appoint a receiver, or specifically enforce any of the covenants hereof; {iii) Deliver to TRIISTEE a written declaratior. of default and demand for sale, and a written notice of default and election to cause TRUSTOR'S interest in the TROST ESTATE to be sold, which notice TRUSTEE shall cause to be duly filed for record in the appropriate Official Records of Ball County, Nebraska. 14. FORECLOSURE BY POWER OF SALE. Should BENEFICIARY elect to foreclose by exercise of the Power of Sale herein contained, BENE- FICIARY shall notify TRIISTEE and shall deposit with TRUSTEE this DEED OF TRUST and the NOTF, and such receipts and evidence of expenditures made and secured hereby as TRIISTEE may require. {a) Upon receipt of such notice from BENEFICIARY, TRUSTEE shall cause to be recorded, published and delivered to TRUSTOR such Notice of Default and Notice of Sale as then reyuired by law and by this DEED OF TRUST. TRUSTEE shall, without demand on TRUSTOR, after such time as may then be required by law and after recordation of such Notice of Default and after N"otice of Sale having been given as required by law, sell the TRUST ESTATE at the time and place of sale fixed by it in such Notice of Sale, either as a whole, or in separate lots or parcels or items as TRUSTEE shall deem expedient, and in such 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 his goad and sufficient deed of deeds conveying the property so sold., but without any covenant or warranty, express or implied. The recitals in such deed of any matters or faces shall be conclusive proof of the truthfulness thereof. Any person, including, without limitation; TR[lSTOR, TRUSTEE or BENEFICIARY, may purchase at such sale and TRUSTOR hereby covenants to warrant and defend the title of such purchase or purchasers. (b) After deducting all costs, fees and expenses of TRUSTEE and of this TRUST, including attorney's fees and costs of evidence of title in connection with sale, TROSTEE shall apply the proceeds of sale *_e payment of (i) ail sums expended under the terms hereof, not then repaid, with accrued interest at twenty percent (20B) per annum, (ii) all other sums then secured hereby and (iii) the remainder, if any, to the person or persons legally entitled thereto. (c) TRUSTEE may in the manner provided by law, postpone sale of all or any portion of the TRUST ESTATE. 15. REMEDIES NOT EXCLUSIVE. TRUSTEE and BENEFICIARY, and each of therm, shall be entitled to enforce payment and performance of any indebtedness or obligations secured hereby and to exercises all rights and powers under this DEED flF TR[t5T AND SECURITY AGREEMENT or under any LOAN INSTRUMENT or other agreement or any laws now or hereafter in force, notwithstanding some or all of the such indebted- ness and obligations secured hereby may now or hereafter he otherwise secured, whether by mortgage, died of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this DEED OF TRUST 'AND