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2010078b2 matters of fact or otherwise shall be canclusiv� proof of the truthfitlness thereof. Any person, including Grantor, Trustee or the Authority, may purchase at such sale. Trustee sha11 apply the proceeds of the Trustee's sale, fust, to the costs and expenses o� exercising the power of �a.le and af tk�e sale, including the payment of Trustee's fees actually incurred, second, to the payment of any Obligations, third, to the payment of junior hvst d�eds, mortgages or other liens, and the balauce, if any, to the person or persons legally entitled thereto. No remedy herein provided shall be �clusive of any other remedy herein or now vr hereafter existing by law, but shall be cumulative. Every power or xemedy hereby given to Trustee or the Authority, or to which either of them may be otherwise en,titled, may be �x,ercised from time to time and as often as may be d�emed expedient by them, and either of them may pursue inconsistent remedies. If the Authority holds any additional security for any �bligations, it may enforce the sale therea� at its option, either before, contemporaneously with, or after any sale is made hereunder, and on any Event of Default af Grantor, the Authority may, at its option, dffset against any indebtedness secured hereby, and the Authority is hereby authorized and empowered at its optian, without az�y obligatian so to do, and without affecting the enforceability af any of the Oblxgations, to apply toward the payment of any indebtedness of the Grantor to the Authority any and all sums of money of Grantor which the Autharity may have �in its passession or under its controL Nothing in this S�curity Instrument shall be so construed as to prevent the holder of the 1602 Agreement taking every step and means ta enforce payme�nt and the other pmvisioyas of this Recapture Deed of Tntst and the relat�d loan documents of said indebtedness by court proceedings. 26. Grantor and for each party hereto hereby requests a copy of any notice of default and a copy of any natice of sale hereunder be mailed ta tlaem at the applicable addresses provided above. In the event of a default by th� Grantar under tihe 1602 Agrcement or Recapture Deed of Trust, the Authority may, but is under no obligation to, no�ify the investar member of the Grantor by sending written notice ta: Nebraska Fund XV, L.P. 13520 Califarxua Street, Suite 250 Omaha, NE 68154 Attn: President All notices or other communications required ar pernutted to be given pursuant to thys Recapture Deed of Trust shall be in writing and shal� be considered as properly given if (a) mailed by first class United States mail, postage prepaid, registered or certified with return receipt rcquested, (b) �elivered in persan to the intended addressee or (c) deliv�red ta an independent, nationally or locally recognized third-party commercial delivery service fnr same day or next day delivery and providang for evidence of receipt at the office af the intended addressee. Notice so mailed shall ' be effectivc three days after its deposit with the United States Postal Service or any successor thereto; notice sent by such a commercial delivery service shall be effective one day after delivery to such cammercial delivery service; notice given by personal delivery shall be eff�ctive only if and when received by the addressee; and notice given by other means shall be effective only if and when rec�ived at the designated address of th� intended addressee. T'he parties hereto shall havc the right to change their address for notice hereunder to any othe�r location within the continental United States by the giving of thirty (30) days' notice ta the other party in the manner set forth herein. Absent such official writt�n notice of a change in address for Grantor, the i� R�capture Deed of Truyt and Security Agreement 4840-6755-9942.2