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�o��.��s� (c) deliver to Trustee a written declararion of default and demand for sale and a written notice of default and election to cause Trustor's interest in the Trust Estate to be sold, which notice Trustee shall cause to be duly filed for record in the appropriate offices of the County in which the Trust Estate is located; or (d) exercise such other rights or remedies at law or in equity. 11. Foreclosure by Power of Sal� If Beneficiary elects to foreclose by exercise of the Power of Sale herein contained, Beneficiary shall notify Trustee and shall deposit with Trustee this Second Deed of Trust and any note evidencing the Indebtedness and such receipts and evidence of expenditures made and secured hereby as Trust� may require. (a) Upon receipt of such norice from Beneficiary, Trustee shall cause to be recorded, published and delivered to Trustor such Norice of Default and Norice of Sale as then required by law and by this Second Deed of Trust. Trustee shall, without demand on Trustor, after such time as may then be required by law and after r�ordarion of such Notice of Default and after Notice of Sale having been given as required by law, sell the Trust Estate at the time and place of sale fixed by it in such Norice of Sale, either as a whole, or in separate lots or parcels or items as Trustee shall deem expedient, and in such order as it may determine, at public auction to the highest bidder for cash in lawful money of the United States payable at the time of sale. Trustee sha11 deliver to such purchaser or pwchasers ther�f its good and sufficient deed or deeds conveying the property so sold, but without any covenant or wamanty, express or implied. The recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any person, including without limitation Trustor, Trustee or Beneficiary, may purchase at such sale. (b) As may be permitted by law, after deducting all costs, fees and expenses of Trustee and of this Trust, including costs of evidence of tide in conne�tion with sale, Trustee shall apply the proceeds of sale to payment of (i) the Indebtedness (ii) all other sums then secured hereby, and (iii) the remainder, if any, to the person or persons legally enritled thereto. (c) Trustee may in the manner provided by law postpone sale of all or any portion of the Trust Estate. (d) Any person (including his successor and assigns) re,ceiving ritle to the Property through foreclosure or de,ed in lieu of foreclosure shall receive title to such property free and clear of any collateral agreements restricting the use of such property. (e) If any holder of the First Deed of Trust (the "Senior Lien Holder") shall acquire title to the Property pursuant to a deed in lieu of foreclosure, the lien of this Second Deed of Trust shall automatically tetminate upon the Senior Lien Holder's acquisition of title, provided that (i) Beneficiary has been given written notice of a default under the First Dced of Trust and (ii) Beneficiary shall not have cured the default under the First Deed of Trust within 30 days of the norice sent to Beneficiary. 12. Remedies Not Exc[usiv� Trustee and Beneficiary, and each of them, sha11 be enritled to enforce payment and performance of any indebtedness or obligarions secured hereby and to exercise all rights and poweis under this Second Deed of Trust or under any Loan Instrument or other agr�ment or any laws now or hereafter in force; notwithstanding, some or all of the such indebtedness and obligations secured hereby may now or hereafter be otherwise secured, whether by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Second D�d of Trust nor its enforcement, whether by court acrion or pursuant to the power of sale or other powers herein contained, shall prejudice or in any manner affect Trustee's or Beneficiary's right to realize upon or enforce any other security now or hereafter held by Trustee or Beneficiary, it being agrced that Tnistee and Beneficiary, and each of them, shall be entitled to enforce this Second Deed of Trust and any other security now or hereafter held by Beneficiary or Trustee in such order and manner as they or either of them may in their absolute discretion determine. No remedy herein confened upon or reserved to Trustee or Beneficiary is intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumularive and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute. Every power or reme,dy given by any of the Loan Instruments to Trustee ar Beneficiary or to which either of them may be otherwise enritled, may be exercised, concurrently or independently, from time to dme and as often as may be deemed expedient by Trustee or Beneficiary and either of them may pursue inconsistent remedies. Nothing herein shall be construed as prohibiring Beneficiary from seeking a deficiency judgment against the Trustor to the extent such action is pennitted by law. 13. Request For Notice Trustor and all other parties set forth herein hereby requests a copy of any Norice of Default and a copy of any Notice of Sale hereunder be mailed to them at the address set forth in the first paragraph of this Second Dced of Trust. 14. Governing Law This Second Deed of Trust shall be governed by and construed in accordance with the laws of the State of Nebraska. In the event that any provision or clause of any of the Loan Instruments conflicts with applicable laws, 3718.CV (8/I1) 906570 4 NIFA HBA Loan/Form H (08/10) GOTO(OO1b2841)