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201006523 <br />Beneficiary, may purchase at such sale and Trustor hereby covenants to wan-ant and defend the title <br />of such purchaser or purchasers; and <br />(b) after deducting all costs, fees and expenses of Trustee and those allowed at' permitted <br />by the Loan Instruments, including attorneys fees and costs of evidence of title in connection with <br />sale, Trustee shall apply the proceeds of sale to payment of (i) all sums expended under the terms <br />hereof, not then repaid, with accrued interest at the then highest legal rate per annum, (ii) all other <br />sums then secured hereby, and (iii) the remainder, if any, to the person or persons legally entitled <br />thereto; and <br />(c) Trustee may in the manner provided by law postpone sale of all or any portion of the <br />Trust Estate. <br />12. REMEDIES NOT EXCLUSIVE. Trustee and Beneficiary, and each of them, shall be <br />entitled to enforce payment and performance of any indebtedness or obligations secured hereby and <br />to exercise all rights and powers under this Trust Deed or under any Loan Instrument or other <br />agreement ar any laws now or hereafter in force, notwithstanding some or all of such indebtedness <br />and obligations secured hereby may now or hereafter be otherwise secured, whether by mortgage, <br />deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Trust Deed nor <br />its enforcement, whether by court action or pursuant to the power of sale or other powers herein <br />contained, shall prejudice or in any manner affect Trustee's or Beneficiaries' right to realize upon ar <br />enforce any other security now or hereafter held by Trustee or Beneficiary, it being agreed that <br />Trustee and Beneficiary, and each of them, shall be entitled to enforce this Trust Deed and any <br />other security now or hereafter held by Beneficiary or Trustee in such order and manner as they, or <br />either of them, may in their absolute discretion determine. No remedy herein conferred upon or <br />reserved to Trustee or Beneficiary is intended to be exclusive of any other remedy herein or by law <br />provided ar permitted, but each shall be cumulative and shall be in addition to every other remedy <br />given hereunder or now or hereafter existing at law or in equity or by statute. Every power or <br />remedy given by any of the Laan Instruments to Trustee or Beneficiary, or to which either of them <br />may be otherwise entitled, may be exercised, cancunrently 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 a <br />deficiency judgment against Trustor to the extent such action is pemutted bylaw. <br />13. REQUESTS FOR NOTICE. Trustor hereby requests a copy of any Notice of Default <br />and any Notice of Sale hereunder be mailed to Tnastor at the address set forth in the first paragraph <br />of this Trust Deed. <br />While hereby expressly reserving the priority of this Trust Deed as established by law, <br />Trustee and Beneficiary hereunder request that a copy of any Notice of Default and any Notice of <br />Sale under any Trust Dead recorded against the Trust Estate either prior to, if any, or subsequent to <br />the date this Trust Deed is recorded be mailed to each at the addresses set forth in the first <br />paragraph of this Trust Deed. <br />14. GOVERNING LAW, This Trust Deed shall be governed by the Nebraska Trust <br />Deeds Act. If any provision or any clause of any of the Loan Instruments conflicts with applicable <br />laws, such conflicts shall not affect other provisions of such Loan Instruments which can be given <br />effect without the conflicting provision, and to this and the provisions of the Loan Instruments are <br />declared to be severable. This instrument cannot be waived, changed, discharged or terminated <br />orally, but only by an instrument in writing signed by the party against whom enforcement of any <br />waiver, change, discharge or termination is Sought. <br />1S. RECONVEYANCE BY TRUSTEE. Upon written request of Beneficiary stating that <br />all sums secured hereby have been paid, Trustee shall recanvey to Truster, or to the person or <br />persons legally entitled thereto, without warranty, any portion of the Trust E,atate then held <br />hereunder. The recitals in such reconveyance of any matters or facts shall be conclusive proof of <br />the truthfulness thereof. The grantee in any reconveyance may be described as "the person or <br />persons ]egally entitled thereto". <br />16. TRANSFER OF TRUST ESTATE. If al] or any part of the Trust Bstate, or any <br />-4- <br />