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� � 9g-1�293s
<br /> (b) Commence an action to foreclose thie Deed of Trust as a mortgage,
<br /> appoint a receiver, or specifically enforce any of the covenants hereofj
<br /> (c) Deliver to Truatee a written declaration of default and demand for
<br /> sale, and a written notice of default and election to cauee Trustor's interest
<br /> in the Truet 8state to be sold, which notice Truetee ehall cause to be duly
<br /> filed for record in the appropriate Official Records of the County in which
<br /> the Trust getate is located.
<br /> 11. FORECLOSURE BY POWER OF 3ALE. Should Beneficiary elecb to
<br /> foreclose by exercise of the Power of Sale herein contained, Beneficiary shall
<br /> notify Trustee and shall depoait with Trustee thie Deed of Trust and the Note
<br /> and euch receipts and evidence of expendituree made and eecured hereby as
<br /> Trustee may require.
<br /> (a) Upon receipt of such notice from Beneficiary, Trustee ehall cause
<br /> to be recorded, published and delivered to Trustor such Notice of Default and
<br /> Notice of Sale as then requirad by law and by thio Deed of Trust. Trustee
<br /> shall, without. demand on Truetor, after such time as may then be required by
<br /> law and after recordatioa of such Notice of Default and after Notice of Sale
<br /> havinq been qiven ae required by law, eell the Truat Eatate at the time and
<br /> place of sale fixed by it in auch Notice of Sale, either ae a whole, or in
<br /> separate lots or parcela or iteme as Trustee ahall deem expedient, and in auch
<br /> order as it may determine, at public auction to the hiqhest bidder for cash,
<br /> in lawful money of the United Statee, payable at the time of eale. Trustee
<br /> shall deliver to euch purchaser or purchasera thereof, its good and sufficient
<br /> deed or deeds, conveying the property ao sold, but without any covenant or
<br /> warranty, expreae or implied. The recitals in such deed of any matters or
<br /> facte shall be conclueive proof of the truthfulness thereof. Any person,
<br /> including, without limitation, Trustor, Trustee, and Beneficiary, may purchase
<br /> at euch sale, and Truetor hereby covenanta to warrant and defend the title of
<br /> such purchaser or purchasere.
<br /> (b) Ae may be pernitted by law, after deducting all costs, feee,
<br /> expenees of Trustee and of thfs Truet, including coeta of evidence of title in
<br /> connection with sale, Trustee shall apply the proceeds of eale to payment of
<br /> (i) all eume expended under the terms hereof, not then repaid, with accrued
<br /> interest at 12 percent per annum, (ii) all other sume then aecured hereby, and
<br /> (iii) the remainder, if any, to the peraon or persons legally entitled
<br /> thereto.
<br /> (c) Trustee may, in the manner provided by law, postpone sale of all or
<br /> any portion of the Truetee Eatate.
<br /> 12. RIRMEDIES NOT EXCLUSIVE. Trustee and Beneficiary, and each of them,
<br /> ehall be entitled to enforce payment and performance of any indebtednees or
<br /> obligations secured hereby and to exercise all riqhta and powere under thie
<br /> Deed of Trust or under any Loan Instrument or other aqreement or any laws now
<br /> or hereafter in force, notwithstanding some or all of the such indebtednese
<br /> and obligations secured hereby may now or hereafter be otherwise secured,
<br /> whether by mortgage, deed of trust, pledge, lien, aseignment or otherwiae.
<br /> Neither the acceptance of thie Deed of Trust nor ite enforcement whether by
<br /> court action or pursuant to the power of sale or other powera herein
<br /> contained, ahall prejudice or in any manner affect Trustee's or Beneficiary's
<br /> riqht to realize upon or enforce any other security now or hereafter held by
<br /> Trustee or Beneficiary, it being agreed that Truatee and Beneficiary, and each
<br /> of them, shall be entitled to enforce thia Deed of Truet and any other
<br /> security now or hereafter held by Beneficiary or Trustee, in auch order and
<br /> manner as they or either of them may in their absolute discretion determine.
<br /> No remedy herein conferred upon or reaerved to Truatee or Beneficiary is
<br /> intended to be excluaive of any other remedy herein or by law provided or
<br /> permitted, but each ahall be cumulative and shall be in addition to every
<br /> other remedy given hereunder or now or hereafter existing at law or in equity
<br /> or by Statute. Every power or remedy given by any of the Loan Instrumenta to
<br /> Trustee or Beneficiary or to which either of them may be otherwise entitled,
<br /> may be exercised, concurrently or independently, from time to time, and ae
<br /> often as may be deemed expedient by Truatee or Beneficiaryj and either of them
<br /> may pureue inconeistent remedies. Nothing herein ahall be conatrued as
<br /> prohibiting Beneficiary from seeking a deficiency judgment againet the Trustor
<br /> to the extent such action is permitted by law.
<br /> 13. �tEQUEST FOR NOTICE. Trustor hereby requests a copy of any notice
<br /> of default, and that any notice of sale hereunder be mailed to it at the
<br /> address set forth in the first paragraph of this Deed of Truat.
<br /> 14. GOVERNING LAW. Thie Deed of Truet shall be governed by the laws of
<br /> the State of Nebraska. In the event that any proviaion or clause of any of the
<br /> Loan Instruments conflicta with applicable laws, such conflicts shall not
<br /> affect other provisiona of such Loan Instrumenta which can be given effect
<br /> without the conflictinq provieions; and to this end, the proviaions of the
<br /> Loan Inatruments are declared to be severable. Thia instrument cannot be
<br /> waived, changed, diacharged, or terminated orally, but only by an instrument
<br /> in writinq signed by the party against whom enforcement of any waiver, change,
<br /> discharge or termination is sought.
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