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2011005�2
<br />(b) As may be permitted by law, after deducting all costs, fees, and expenses
<br />of Trustee and of this Trust, including costs of evidence of title in
<br />connection with sale, Trustee shall apply the proceeds of any sale to the
<br />payment of (1) all sums expended under the terms hereof not then repaid,
<br />with accrued interest at Fourteen Percent (14%) per annum; (ii) all other
<br />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
<br />portion of the Trust Esta.te.
<br />13. Remedies Not Exclusive. Trustee and Beneficiary, and each of them, shall be entitled to enforce
<br />payment and performance of any indebtedness or obligations secured hereby and to exercise all rights and
<br />powers under this Deed of Trust or under any loan instrument or other agreement, or any laws now or
<br />hereafter in force, notwithstanding that some or all of the such indebtedness and obligations secured
<br />hereby may now or hereafter be otherwise secured, whether by mortgage, deed of trust, ple�lge, lien,
<br />assignment, or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement, whether by
<br />court action or pursuant to the power of sale or other powers herein contained, shall prejudice or in any
<br />mannee affect Trustee'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 of them
<br />shall be entitled to enforce this Deed 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 />No remedy heeein conferted upon or reserved to Trustee or Beneficiary is intended to be exclusive of any
<br />other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition
<br />to every other remedy given hereunder or now or hereafter existing at law or in equity or by sta.tute.
<br />Every power given by any of the Loan Instruments to Trustee or Beneficiary or to which either of them
<br />may be otherwise entitled may be exercised, concurrently or independently, from time to time and as
<br />often as may be deemed expedient by Trustee or Beneficiary, and either or both of them may pursue
<br />inconsistent remedies. Nothing herein shall be construed as prohibiting Beneficiary from seeking a
<br />deficiency judgment against the Trustor to the extent such action is permitted by law.
<br />14. Assi�nment of Rents. For the purpose of providing further security for the debt secured hereby,
<br />Trustor hereby assigns, transfers, and sets over to Beneficiary, to be applied toward the payment of the
<br />Note and all other sums secured hereby or evidenced by the Loan Instruments, in case of default in the
<br />performance of any of the terms or conditions of this Deed of Trust, or the said Note, or the terms of any
<br />Loan Instruments, all the rents, revenues, and incomes, if any, to be derived from the Property during
<br />such time as the Note shall remain unpaid; and Beneficiary shall have the power to appoint any agent or
<br />agents they may desire for the purpose of repairing the Property and of renting the same and collecting the
<br />rents, revenues, and income, and it may pay out of said income all expenses of repairing the Property and
<br />necessary commissions and expenses incurred in renting and managing the same and of the payment of
<br />insurance premiums and of collecting rentals therefrom, and the balance #�emaining, if any, to be applied
<br />toward the discharge of the Note.
<br />15. Request for Notice. Trustor hereby requests a copy of any notice of default and that any_ notice of
<br />sale hereunder be mailed to them at the address set forth in the first paragraph of this Deed of Trust.
<br />16. Governin� Law. This Deed of Trust shall be governed by the laws of the State of Nebraska. In
<br />the event that any provision or clause of any of the Loan Instruments conflicts with applicable laws, such
<br />conflicts shall not affect the provisions of such Loan Instruments which can be given effect without the
<br />conflicting provision and, to this end, the provisions of the Loan Instruments are declared to be severable.
<br />This instrument cannot be waived, changed, discharged, or terminated orally, but only by an instrument in
<br />writing signed by the party against whom enforcement of any waiver, change, discharge, or termination is
<br />sought.
<br />17. Reconvevance by Trustee. Upon written request of Beneficiary stating that all sums secured
<br />hereby have been paid, and upon surrender of this Deed of Trust and the Note to Trustee for cancellation
<br />and retention, and upon payment by Trustor of Trustee's fees, Trustee shall reconvey to Trustor, or the
<br />person or persons legally entitled thereto, without warranty, any portion of the Trust Estate then held
<br />hereunder. The recitals in such reconveyance of any matters or facts shall be conclusive proof of the
<br />truthfulness thereof. The grantee in any reconveyance may be described as "the person or persons entitled
<br />thereto."
<br />18. Notices. Whenever Beneficiary, Trustor, or Trustee shall desire to give or serve any notice,
<br />demand, request, or other communication with respect to this Deed of Trust, unless notice is required by
<br />law to be given by another method, each such notice, demand, request, or other communication shall be in
<br />writing and shall be effective only if the same is delivered by personal service or mailed by certified mail,
<br />TCH�58788.1
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