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201203748 recognized market. Beneficiary may proceed under this Deed of Trust solely as to the real property interests, or solely as to the personal property interests, or as to both the real and personal property interests in accordance with its rights and remedies in respect of the real property interest. (k) Lawsuits. Beneficiary may institute suits for collection of the Obligations, the specific performance of any covenant or agreement herein contained or in aid of the execution of any power herein granted. Beneficiary may commence an action against Trustor under Nebraska law for the recovery of any balance due under the Credit Documents which was not retired as a result of the exercise of any foreclosure proceedings or the power of sale granted herein. (1) Termination of Commitment_ to Lend. Beneficiary may terminate any commitment or obligation to lend or disburse funds under any Credit Document. (m) Other Rights and Remedies. Beneficiary may exercise any and all other rights and remedies which Beneficiary may have under the Credit Documents, under applicable law or otherwise. The enumeration of the availability of specific remedies in the event of default shall not impair the demand nature of any of the Obligations which by its terms or otherwise is payable on demand. Beneficiary's rights are cumulative and may be exercised together, separately and in any order. In the event that Beneficiary institutes an action seeking the recovery of any of the Mortgaged Property by way of a pre -judgment remedy in an action against Grantor, Grantor waives the posting of any bond which might otherwise be required. Section 5.2 Proceeds of Foreclosure. The proceeds of any sale held at the instance of the Beneficiary in foreclosure of the liens and security interests evidenced hereby shall be applied in such order or priority as the Beneficiary may elect, in its sole discretion, which may include the application thereof in accordance with the following: FIRST, to the payment of all necessary costs and expenses incident to such foreclosure sale, including but not limited to all reasonable attorneys' fees and legal expenses, all court costs, commissions and charges of every character, and to the payment of the other Obligations, including specifically without limitation the principal, accrued interest, prepayment premium and attorneys' fees due and unpaid on the Obligations and the amounts due and unpaid and owed to Beneficiary under this Deed of Trust, the order and manner of application to the terms in this clause FIRST to be in Beneficiary's sole discretion; and SECOND, the remainder, if any there shall be, shall be paid to Grantor, or to Grantor's heirs, representatives, successors or assigns, or such other persons (including the holder of any inferior lien) as may be entitled thereto by law; provided, however, that if Beneficiary is uncertain which person or persons are so entitled, Beneficiary may commence appropriate proceedings with respect to such remainder in any court of competent jurisdiction, and the amount of any attorneys' fees, court costs and expenses incurred in such action shall be a part of the Obligations and shall be reimbursable (without limitation) from such remainder. Section 5.3 Remedies Cumulative. All rights and remedies provided for herein and in any other Credit Document are cumulative of each other and of any and all other rights and remedies available under the law, and Beneficiary shall, in addition to the rights and remedies Bolton Farm - Loan 195618 Page 22 of 31 JM MDAI 1095245 v] 0-0 05/03/2012