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<br /> (5) This instrument shall be effective as a mortgage as well as a deed of trust and upon the
<br /> occurrence of an Event of Default may be foreclosed as to any of the Trust Property in any
<br /> manner permitted by the laws of the State of Nebraska or of any other state in which any
<br /> part of the Trust Property is situated, and any foreclosure suit may be brought by the
<br /> Trustee or by the Beneficiary. In the event a foreclosure hereunder shall be commenced by
<br /> the Trustee,or its substitute or successor,the Beneficiary may at any time before the sale of
<br /> the Trust Property direct the Trustee to abandon the sale, and may then institute suit for the
<br /> collection of the Secured Indebtedness,and for the foreclosure of this Deed of Trust.
<br /> It is agreed that if the Beneficiary should institute a suit for the collection of the Secured
<br /> Indebtedness and for the foreclosure of this Deed of Trust,the Beneficiary may at any time
<br /> before the entry of a final judgment in said suit dismiss the same,and require the Trustee or
<br /> his substitute or successor to sell the Trust Property in accordance with the provisions of
<br /> this Deed of Trust.
<br /> (6) In the event of a sale or other disposition of any such property, or any part thereof, and the
<br /> execution of a deed or other conveyance pursuant thereto, the recitals therein of facts, such
<br /> as default, the giving of notice of default, and notice of sale, terms of sale, purchaser,
<br /> payment of purchase money, and any other fact affecting the regularity or validity of such
<br /> sale or disposition, shall be conclusive proof of the truth of such facts;and any such deed or
<br /> conveyance shall be conclusive against all persons as to such facts recited herein.
<br /> (7) The proceeds of any sale or disposition hereunder,together with any other sums which then
<br /> may be held by the Trustee or the Beneficiary under this Deed of Trust, whether under the
<br /> provisions of this Section 2.2,or otherwise,shall unless and except as otherwise provided in
<br /> the Loan Agreements, or any other Financing Document,be applied as follows: FIRST,to
<br /> the expenses of such sale or disposition together with Trustee's fees and reasonable
<br /> attorneys' fees and expenses, the Beneficiary's costs and the actual cost of publishing,
<br /> recording,mailing and posting notice;SECOND,to the cost of any search or other evidence
<br /> of title procured in connection therewith, if applicable, and recordation and transfer taxes
<br /> and other charges, if any, on any release or deed of reconveyance; THIRD, to the payment
<br /> of all amounts secured by this Deed of Trust, including but not limited to those set forth in
<br /> the Loan Agreements, any other Financing Document, and the Loan Documents, and all
<br /> other sums due to the Beneficiary from the Trustor; FOURTH, to all other sums secured
<br /> hereby; and the remainder, if any, to the person or persons legally entitled thereto in the
<br /> order of their priority.
<br /> f. Any payment of the principal amount of Secured Indebtedness subsequent to the entire amount of the
<br /> Secured Indebtedness becoming immediately due and payable under the terms of this Section 2.2
<br /> shall be deemed a prepayment of such principal amount subject to any prepayment premium or other
<br /> additional sums payable as specified under the terms of the Loan Agreements, or any other
<br /> Financing Document.
<br /> g. The Beneficiary shall have the right to become the purchaser at any sale held by the Trustee or
<br /> substitute or successor or by any receiver or public officer,and the Beneficiary shall have the right to
<br /> credit upon the amount of the bid made therefor, to the extent necessary to satisfy such bid, the
<br /> Secured Indebtedness owing to the Beneficiary, or if the Beneficiary hold less than all of such
<br /> indebtedness the pro rata part thereof owing to the Beneficiary,accounting to all other Beneficiary or
<br /> note holders not joining in such bid in cash for the portion of such bid or bids apportionable to such
<br /> nonbidding Beneficiary or note holders.
<br /> h. The Trustee may be removed at any time with or without cause by an instrument in writing executed
<br /> by the Beneficiary. In case of the death, resignation, removal or disqualification of the Trustee or if
<br /> for any reason the Beneficiary shall deem it desirable to appoint a substitute or successor trustee to
<br /> act instead of the herein named Trustee or any substitute or successor trustee, then the Beneficiary
<br /> shall have the right and hereby be authorized and empowered to appoint a successor trustee, or a
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