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<br />(b) As may �ie pernnitted by 1aw, after deducting a11 �osts, fees, and expenses
<br />of Trtistee and of this Trust, including costs Qf evidenee of title in
<br />connectiorl with sale, Ti sha11 apply the proceeds of any sa�e to the
<br />payment o� (1) �11 s�ms expended under the terms hereof not then repaid;
<br />with accrued interest at Fo�rteen Percent (l4%) per arinum; (ii) all other
<br />sums then secured hereby; and (iii) the remainder, if any, to the person or
<br />petsons legally entit�ed thereto.
<br />(c) Trustee may, in the maiuner provided by law, postpone sale of all or any
<br />portion o� the Trust Estate.
<br />13. Remedies Not Excl�isive. Trustee and Beneficiary, and each of them, shall be entitled to enforce
<br />payment and performance of any indebtedness ok obligations secured hereby and to exercise all rights and
<br />powers under this Deed of Trust or under any loari instiument or other agreement, or any laws now or
<br />hereafter in force, notwithstancling that some ar a�l of the such indebtedness and obligations secured
<br />hereby may now or here�fter be otherwise secured, whether by rnortgage, deed of trust, pledge, lien,
<br />assignment, or othet Neitller the acceptance of -tf�is 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 />manner affect �'rizstee's pr Beneficiary's riglit to realize iipon or enforce a�y o#her sec�trity i�ow t�r
<br />hereafter held by Trustee or Beneficiary, it beit�g agreed that -Trustee and Beneficiary; and e�ch of them
<br />shall be entitled to enforce this Deec1 of Trust and any other securiry now or hereafter held by Beneficiary
<br />or Trustee in such order and inanner as they �r either of tlzem may in theil- absolute discre�ion determirie.
<br />No r�medy herein conferred upon or reserved to Trustee or Bet�eficiary is intencled to be exclusive of any
<br />other remedy herein or by �aw provided or perznitted, but each shall be cumulative and shall be in addition
<br />to every other reinedy givet� �ereunclet� or now or hereafter existing at law or in equity or by statute.
<br />Every power given by aily of the Lo�n Instruinents to Trustee ar Beneficiary or to which either of them
<br />may be otherwise eii�titled may be exetcised, concbrrently or indepenclently, from time fo time and as
<br />often as may be deemec� expeclient �y Trustee or Beneficiary, and either or both of. tliem may pursue
<br />inconsistent remedies. Nok�iing lierein s�iatt 1�e coristrued as prohib�ting 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: �or the p�rpose of providing further security:�or fhe debt secured here�iy,
<br />Trustor hereby assigns, transfers, and sets over to Bene�iciary, to be applied toward the payment of the
<br />Note and all other sums secured hereby or evidenced by the �,oan Instruments, in case of defai�lt in the
<br />perform�nce of any of the terms or conditions of this I�eec1 of Trust, or the said Note, or the terms of any
<br />Loan Instruments, a11 the rents, revent�es, and incomes, if any, to be derivecl from the Property during
<br />such time as the Note shall remain unpaid; �nd Beneficiary shall have tlie power to appoint any agent or
<br />agents they may desire for the purpose of repairing the Properky and of renting the same and collecting the
<br />rents, revenues, anc� iiicome, and it may pay out bf said income a11 expenses of repairing the Property and
<br />necessary commissions and expenses incurfed in renting and managing the same and of the payment of
<br />insurance premiums and of collecting rentals therefrorn, and the �a�ance remaining, 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 defa�lt and that any notice of
<br />sale hereunder 6e mailecl to them at the acldress set forth in the first paragraph of this Deec10�' Trust.
<br />16. Governin� Law. This Deed of Ti�ust shall be governed �y the laws of the State o�' Nebraska. In
<br />tlie event that any provision or clause of any of the Loari Instruments conflicts with applicable Iaws, such
<br />conflicts shall not affect the provisions of such Loan Instru►nents which can be given effect without the
<br />conflicting provision aild, to this ei�d, the provisioiis of the �,o�n Instruments are declared to be severable.
<br />This instrumeiit cannot �e waived, changed, discharged, or termina�ed orally, but only by an instrument ii�
<br />writing signed by the party against whoin enforcement of any waii�er, change, c�ischarge, or termination is
<br />sought.
<br />� 7. Reconveyance b_y Trustee. �Jpon tivritten request of Beneficiary stating that all sums secured
<br />hereby. have been p�id, and t�pon st�rrender of this �eed of Trust �nd the Note to Trustee for cancellatkon
<br />ancl retention, ant� upori payment by Trttstor o� Trustee's fees, Tr�tstee shall reconvey to Trustor, or the
<br />person or persons legal�y entitled thereto, without warranty, any .�ortion of the :Trust Estate then held
<br />hereunder. The 'recitals in such reconveyahce of any maiters o"r facts shall be conclusive proof of the
<br />truthfulness thereo£ The grantee in any reconveyance may be described "the person ar persons er�titled
<br />thereto."
<br />18. Notices. Whenever Beneficiary, Trustor, or Tntstee shall clesire to give or serve a�y:notice,
<br />demand, request, or other commuriication wit� t to t�iis Deed of Trust, unless notice is required by
<br />law ta be given by another tnethod, each sttch notice, demand, request, or otl�er communication sh�ll be in
<br />writing and shall be effective only if the same is delivered by personal service or mailed by certified mail,
<br />TCH158788.1
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