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201002135
<br />the truth of the statements made therein. Trustee shall apply the proceeds of the sale in the following
<br />order: (a) to all reasonable costs and expenses of the sale, including but not limited to, Trustee's fees
<br />of not more than two percent (2%) ofthe gross sale price, reasonable attorney fees and costs of title
<br />evidence; (b) to all sums secured by this Deed of Trust; and (c) the excess, if any, to the person or
<br />persons legally entitled thereto. Any person, including Beneficiary, may purchase said property at
<br />said sale.
<br />The person conducting the sale may, for any cause he or she deems expedient, postpone the
<br />sale from time to time until it shall be completed and, in every such case, notice of postponement
<br />shall be given by public declaration thereof by such person at the time and place last appointed for
<br />the sale; provided, if the sale is postponed far longer than one (1) day beyond the date designated
<br />in the notice ofsale, notice thereof shall be given in the same manner as the original notice of sale.
<br />13. Remedies Not Exclusive. Trustee and Beneficiary, and each of them, shall be entitled.
<br />to enforce payment and performance of any indebtedness or obligation secured hereby and to
<br />exercise all rights .and powers under this Deed of Trust or under any loan instrument or other
<br />agreement or any laws now or hereafter enforced, notwithstanding some or all of the indebtedness
<br />and obligations secured hereby which may now or hereafter be otherwise secured, whether by
<br />mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed
<br />of Trust nor its enforcement, whether by court action or pursuant to the power of sale or other
<br />powers herein contained, shall prejudice or in any manner affect Trustee's or Beneficiary's right to
<br />realize upon or enforce any other security now or hereafter held by Trustee or Beneficiary, it being
<br />agreed that Trustee and Beneficiary, and each of them, shall be entitled to enforce this Deed of Trust
<br />and any other security now or hereafter held by the Beneficiary or Trustee in such order and manner
<br />as they, ar either of them, may in their absolute discretion determine. No remedy herein conferred
<br />upon or reserved to Trustee or Beneficiary is intended to be exclusive of any other remedy herein
<br />or by law provided or permitted, but each shall be cumulative and shall be in addition to every other
<br />remedy given hereunder or now or hereafter existing at law or in equity or by statute. Every power
<br />or remedy given by any of the loan instruments to Trustee or Beneficiary ar to which either of them
<br />may be otherwise entitled may be exercised, concurrently or independently, from time to time, and
<br />as often as may be deemed expedient by Trustee or Beneficiary, and either of them may pursue
<br />inconsistent remedies. Nothing herein shall be construed as prohibiting Beneficiary from seeking
<br />a deficiency judgment against Trustor to the extent such action is permitted by law.
<br />14. Request for Notice. Trustors hereby request a copy of any notice of default and that any
<br />notice of sale hereunder b~e mailed to Trustors at the address set forth in the first paragraph of this
<br />Deed of Trust.
<br />15. A~paintmei~it of Successpr,Trustee. Beneficiary may, from time to time, by written
<br />instrument executed and acknowledged by Beneficiary, mailed to Trustors and recorded in the
<br />County in which the property is located and by otherwise complying with the provisions of the
<br />applicable law of the State of Nebraska, substitute a successor or successors to the Trustee named
<br />herein or acting hereunder.
<br />16. Successors and Assigns. This Deed of Trust applies to and inures to the benefit of and
<br />binds all parties hereto, their heirs, legatees, devisees, personal representatives, successors and
<br />assigns. The term "Beneficiary" shall mean the owner and holder of the note; whether or not named
<br />as Beneficiary herein.
<br />17. Betieficiar,~wers. Without affecting the liability of any other person liable for the
<br />payment of any obligation herein mentioned, and without affecting the lien or charge of this Deed
<br />of Trust upon any portion of the property not then or theretofore released as security for the full
<br />payment of all unpaid obligatians, Beneficiary may, from time to time and without notice.
<br />(a) release any persons so liable;
<br />(b) extend the maturity or alter any of the terns of any such obligation.
<br />(c) grant other indulgences;
<br />(d) release or re-Canvey ar cause to be released or re-canveyed at any time
<br />at Beneficiary's option, any parcel, portion or all of the property;
<br />(e) take or release any other or additional security for any obligation herein
<br />mentioned; or
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