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2oioasl9� <br />order as Beneficiary may determine. The �ntering upon and taking possession of the Trust Estate, the <br />collection of such rents, issues and prafits and the application thereof as aforesaid, shall not cure ar waive <br />any default or natice of default hereunder or inualidate any act done in response to such default or <br />pursuant ta such notice of default and, notwithstanding the continuance in possession of the Trust Estate <br />or the collection, receipt and application of rents, issues ar pr�fits, Trustee or Beneficiary shall be entitled <br />ta exercise ev�ry right provided for in any of the Loan Instrum�nts or by law upon occurrence af any �vent <br />of default, including th� right to exercise the power of sale; <br />(b) Commence an actian to foreclose this Deed af Trust as a mortgage, appoint a receiver, or <br />specifically enforc� any of the cavenants hereaf; <br />(c) Deliver to Trustee a written declaration of default and demand for sale, and a written notice of <br />default and electian to cause Trustors' interest in the Trust Estate to be sold, which notice Truste� shall <br />caus� to be duly filed for record in the appropriate Official Records of the Gounty in which the Trust Estate <br />is lacat�d. <br />11. FORECLOSURE BY POWER OF SAL�. Should Beneficiary �I�ct to fareclose by exercise of <br />the Power af Sale herein contained, Ben�ficiary shall notify Trustee and shall deposit with Trustee this <br />Deed of Trust and the Note and such receipts and evidence of expenditures made and secured hereby as <br />Trustee may require. <br />(a) Upon receipt of such notice from Beneficiary, Trustee shall cause to be recorded, published <br />and delivered to Trustors such Notice of Default and Notice of Sal� as then required by law and by this <br />Deed of Trust. Trustee shall, without demand on Trustors, after such time as may then be required by law <br />and after recordation of such Natice of Default and after Notice of Sale having been given as required by <br />law, sell the Trust Estate at the tim� and place of sale fixed by it in such Notice of Sale, either as a whole, <br />or in separate lots or parcels or items as Trustee shall deem expedient, and in such order as it may <br />det�rmine, at public auction to the highest bidder for cash, in lawful maney of the United States, payable at <br />th� time of sale. Trustee shall deliver to such purchaser or purchasers thereof, its good and sufficient <br />deed ar deeds, conveying the property so sold, but wi#hau# any covenant or warranty, express or implied. <br />The recitals in such deed of any matters or facts shall be conclusive proof af the truthfulness thereof. Any <br />p�rson, including, without limitation, Trustors, Trustee, and Beneficiary, may purchase at such sale, and <br />Trustar her�by covenants to warrant and defend the title of such purchaser or purchasers. <br />(b) As may be permitted by law, after deducting all costs, fees, expenses af Trustee and of this <br />Trust, including costs ofi evidence of #itl� in connection with sale, Trustee shall apply the proceeds of sale <br />to payment of (i) all sums expended under the terms hereaf, not then repaid, with accrued interest at 12 <br />percent per annum, (ii) all other sums then secured hereby, and (iii) the remainder, if any, to the person or <br />persons legally entitled thereto. <br />(c) Trustee may, in the manner provided by law, postpone sale of all or any partion of the Trustee <br />Estate. <br />12. REMEDIES N07 �XCLUSIV�. Trustee and Beneficiary, and each of them, shall be entitled <br />ta enforce payment and performance af any indebtedness or abligations secured hereby and to �xercise <br />all rights and powers under this Deed of Trust or under any Loan Instrument or ather agr��ment or any <br />laws now or hereafter in force, notwithstanding som� or all of the such indebtedness and obligations <br />secured hereby may now or her�after be otherwise secured, whether by mortgage, deed of trust, pledge, <br />lien, assignment or otherwise. Nei#her the acceptance of this Deed of Trust nor its enforcement whether <br />by court action or pursuant to #he pow�r of sale ar other powers herein contained, shall prejudice or in any <br />manner affect Truskee's or Beneficiary's right to realize upon or enforce any other security now or <br />hereafter held by Trustee or Beneficiary, it being agreed that Trustee and Beneficiary, and each af them, <br />shall be entitled to enfarce this D�ed of Trust and any other security now or hereafter held by Beneficiary <br />or Trustee, in such order and manner as they or either of them may in their absolute discretion determine. <br />N� remedy herein conferred upon ar reserved to Trustee or Beneficiary is intended to be exclusive of any <br />other remedy herein or by law provided or permitted, but �ach shall 6e cumulative and shall be in addition <br />ta every other remedy given hereunder or now or her�after existing at law or in equity or by Statute. Every <br />power ar remedy given by any of the Loan Instruments ta Trustee or Beneficiary or to which either <br />of them may be otherwise en#itled, may be ex�rcis�d, concurrently or independently, from time to time, <br />and as of#en as may be deemed expedient by Trustee or Beneficiary; and either of them may pursue <br />incansist�nt rem�dies. Nothing herein shall b� construed as prohibiting Beneficiary from seeking a <br />deficiency judgment against the Trustors to the extent such actinn is permitted by law. <br />13. REC�UES7_FOR NOTIC�. Trustors hereby request a copy of any notice of default, and that <br />any notice of sal� hereunder be mailed to it at the address set forth in the first paragraph of this De�d of <br />Trust. <br />14. GOVERNING LAW. This Deed of Trust shall be governed by the laws of the S#ate of <br />Nebraska. In the event that any provision or clause of any of the Loan Instruments conflicts with applicable <br />laws, such conflicts shall nat affect other provisions afi such Loan Instruments which can be given effect <br />without the conflicting provisians; and to this end, the provisians of the Loan Instruments are declared ta <br />be severable. This instrument cannat be waiv�d, changed, discharged, or terminated orally, but only by <br />