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<br />(iii) Delivez to Trustee a written declaration of default and demand for sale, and written
<br />notice of default and election to cause Trustor's interest in the Trust Estate to be sold, which notice
<br />Trustee shall cause to be duly filed for record in the appropriate Official Records of the County in which
<br />the Trust Estate is located.
<br />11. FORECLOSURE BY POWER OF SALE. Should Beneficiary elect to foreclose by
<br />exercise of the Power of Sale herein contained, Beneficiary shall notify Trustee and shall deposit with
<br />Trustee this Deed of Trust and the Note and such receipts and evidence of expenditures made and
<br />secured hereby as Trustee may require.
<br />(a) Upon receipt of such notice from Beneficiary, Trustee shall cause to be recorded,
<br />published and delivered to Trustor such Notice of Default and Notice of Sale as then required by law and
<br />by this Deed of Trust. Trustee shall, without demand on Trustor, after such time as may then be required
<br />by law and after recordation of such Notice of Default and after Notice of Sale having been given as
<br />required by law, sell the Trust Estate at the time and place of sale fixed by it in such Notice of Sale,
<br />either as a whole, or in separate lots or parcels or items as Trustee shall deem expedient, and in such
<br />order as it may determine, at public auction to the highest bidder for cash in lawful money of the United
<br />States payable at the time of sale. Trustee shall deliver to such purchaser or purchasers thereof its goad
<br />and sufficient deed of deeds conveying the property so sold, but without any .covenant or warranty,
<br />express or implied. The recitals in such deed of any matters or facts shall be conclusive proof of the
<br />truthfulness thereof. Any person, including, without limitation, Trustor, Trustee and Beneficiary, may
<br />purchase at such sale and Trustor hereby covenants to warrant and defend the title of such purchaser or
<br />purchasers.
<br />(b) As may be permitted by law, after deducting all costs, fees and expenses of Trustee and
<br />of this Trust, including costs of evidence of title in connection with sale, Trustee shall apply the proceeds
<br />of sale to payment of (i) all sums expended under the terms hereof, not then repaid, with accrued interest
<br />at Nine percent (9 %) per annum, (ii) all other sums then secured hereby, and (iii) the remainder, if any,
<br />to the person or persons legally entitled thereto.
<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 to
<br />exercise all rights and powers under this Deed of Trust or under any Loan Instrument or other agreement
<br />or any laws now or hereafter in force, notwithstanding some or all of the such indebtedness and
<br />obligations secured hereby may now or hereafter be otherwise secured; whether by mortgage, deed of
<br />trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its
<br />enforcement whether by court action or pursuant to the power of sale or other powers herein contained,
<br />shall prejudice or in any manner affect Trustee's or Beneficiary's right to realize upon or enforce any
<br />other security now or hereafter held by Trustee or Beneficiary, it being agreed that Trustee and
<br />Beneficiary, and each of them, shall be entitled to enforce this Deed of Trust and any other security now
<br />or hereafter held by Beneficiary or Trustee in such order and manner as they or either of them may in
<br />their absolute discretion determine. No remedy herein conferred upon or reserved to Trustee or
<br />Beneficiary is intended to be exclusive of any other remedy herein or by law provided or permitted, but
<br />each shall be cumulative and shall be in addition to every other remedy given hereunder or now or
<br />hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Loan
<br />Instruments to Trustee or Beneficiary or to which either of them may be otherwise entitled, may be
<br />exercised, concurrently or independently, from time to time and as often as may be deemed expedient by
<br />Trustee or Beneficiary and either of them may pursue inconsistent remedies. Nothing herein shall be
<br />construed as prohibiting Beneficiary from seeking a deficiency judgment against the Trustor to the extent
<br />such action is permitted by law.
<br />13. REQUEST FOR NOTICE. Trustor hereby requests a copy of any notice of default and
<br />that any notice of sale hereunder be mailed to it at the address set forth in the first paragraph of this Deed
<br />of Trust.
<br />14. GOVERNING LAW. The laws of the State of Nebraska shall govern this Deed of Trust.
<br />In the event that any provision or clause of any of the Loan Instruments conflicts with applicable laws,
<br />such conflicts shall not affect other provisions of such Loan Instruments which can be given effect
<br />without the conflicting provision, and to this end the provisions of the Loan Instruments are declared to
<br />be severable. This instrument carmot be waived, changed, discharged or terminated orally, but only by
<br />an instrument in writing signed by the party against whom enforcement of any waiver, change, discharge
<br />or termination is sought.
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