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<br /> that Beneficiary deems appropriate. Trustor acknowledges and agrees that (A) Beneficiary is
<br /> not required to use any or all of the foregoing factors to determine the amount of its credit bid;
<br /> (B) this Section does not impose upon Beneficiary any additional obligations that are not
<br /> imposed by law at the time the credit bid is made; (C) the amount of Beneficiary's credit bid
<br /> need not have any relation to any loan-to-value ratios specified in any agreement between
<br /> Trustor and Beneficiary or previously discussed by Trustor and Beneficiary; and
<br /> (D) Beneficiary's credit bid may be, at Beneficiary's sole discretion, higher or lower than any
<br /> appraised value of the Subject Property.
<br /> 53 Apolication of Foreclosure Sale Proceeds. Afrer deducting all costs, fees and
<br /> expenses of Trus[ee, and of this trust, including costs of evidence of title and attorneys' fees in
<br /> connection with a sale, all proceeds of any foreclosure sale shall be applied first, to payment of
<br /> all Secured Obligations (including without limitation, all sums expended by Beneficiary under
<br /> the terms hereof and not then repaid, with accrued interest at the highest rate per annum payable
<br /> under any Secured Obligation), in such order and amounts as Beneficiary in its sole discretion
<br /> shall determine; and the remainder, if any, to the person or persons legally entitled thereto.
<br /> 5.4 A�plication of Other Sums. All Rents or other sums received by Beneficiary or
<br /> any agent or receiver hereunder, less all costs and expenses incurred by Beneficiary or such
<br /> agent or receiver, including reasonable attorneys' fees, shall be applied to payment of the
<br /> Secured Obligations in such order as Beneficiary shall determine in its sole discretion; provided
<br /> however, that Beneficiary shall have no liability for f�nds not actually received by Beneficiary.
<br /> 5.5 No Cure or Waiver. Neither Beneficiary's, Trustee's or any receiver's entry upon
<br /> and taking possession of the Subject Property, nor any collection of Rents, insurance proceeds,
<br /> condemnation proceeds or damages, other security or proceeds of other security, or other sums,
<br /> nor the application of any collected sum to any Secured Obligation, nor the exercise of any other
<br /> right or remedy by Beneficiary, Trustee or any receiver shall impair the status of the security of
<br /> this Deed of Trust, or cure or waive any breach, Default or notice of default under this Deed of
<br /> Trust, or nullify the effect of any notice of default or sale (unless all Secured Obligations and any
<br /> other sums then due hereunder have been paid in full and Trustor has cured all other Defaults), or
<br /> prejudice Beneficiary or Trustee in the exercise of any right or remedy, or be construed as an
<br /> affirmation by Beneficiary of any [enancy, lease or option of the Subject Property or a
<br /> subordination of the lien of this Deed of Trust.
<br /> 5.6 Costs, Expenses and Attomevs' Fees. Trustor agrees to pay to Beneficiary
<br /> immediately upon demand the full amount of all payments, advances, charges, costs and
<br /> expenses, including court costs and reasonable attorneys' fees (to include outside counsel fees
<br /> and all allocated costs of Beneficiary's in-house counsel), expended or incuned by Trustee or
<br /> Beneficiary pursuant to this Article V, whether incurred at the trial or appellate level, in an
<br /> arbitration proceeding or otherwise, and including any of the foregoing incurred in connection
<br /> with any bankruptcy proceeding (including without limitation, any adversary proceeding,
<br /> contested matter or motion brought by Beneficiary or any other person) relating to Trustor or in
<br /> any way affecting any of the Subject Property or Beneficiary's ability to exercise any of its rights
<br /> or remedies with respect[hereto. All ofthe foregoing shall be paid by Trustor with interest from
<br /> the date of demand until paid in full at the highest rate per annum payable under any Secured
<br /> Obligation.
<br /> 5.7 Power to File No[ices and Cure Defaults. Trustor hereby irrevocably appoints
<br /> Beneficiary and its successors and assigns as Trustor's true attorney-in-fact to perform any of the
<br /> following powers, which agency is coupled with an interest: (a) to execute and/or record any
<br /> notices of completion, cessation of labor, or any other notices that Beneficiary deems appropriate
<br /> to protect Beneficiary's interest; and (b)upon the occurrence of any event, act or omission which
<br /> Deed of Trust and Assignment of Rents and Leases Page 14
<br /> Deed of Trust-Capital One,N.A._Lyne ReaITy,LP(Grand Island,NE)
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