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201503042
<br /> (a) Upon receipt of such notice from Beneficiary, Trustee shall cause to be recorded, published and
<br /> delivered to Trustor such Notice of Default and Notice of Sale as then required by law and by this Second Deed of
<br /> Trust. Trustee shall,without demand on Trustor,after such time as may then be required by law and after recordation
<br /> of such Notice of Default and after Notice of Sale having been given as required by law,sell the Trust Estate at the time
<br /> and place of sale fixed by it in such Notice of Sale,either as a whole,or in separate lots or parcels or items as Trustee
<br /> shall deem expedient,and in such order as it may determine, at public auction to the highest bidder for cash in lawful
<br /> money of the United States payable at the time of sale. Trustee shall deliver to such purchaser or purchasers thereof its
<br /> good and sufficient deed or deeds conveying the property so sold, but without any covenant or warranty, express or
<br /> implied. The recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any
<br /> person,including without limitation Trustor,Trustee or Beneficiary,may purchase at such sale.
<br /> (b) As may be permitted by law, after deducting all costs, fees and expenses of Trustee and of this
<br /> Trust,including costs of evidence of title in connection with sale,Trustee shall apply the proceeds of sale to payment of
<br /> (i)the Indebtedness (ii) all other sums then secured hereby, and (iii) the remainder, if any, to the person or persons
<br /> legally entitled thereto.
<br /> (c) Trustee may in the manner provided by law postpone sale of all or any portion of the Trust Estate.
<br /> (d) Any person(including his successor and assigns)receiving title to the Property through foreclosure
<br /> or deed in lieu of foreclosure shall receive title to such property free and clear of any collateral agreements restricting
<br /> the use of such property.
<br /> (e) If any holder of the First Deed of Trust(the"Senior Lien Holder")shall acquire title to the Property
<br /> pursuant to a deed in lieu of foreclosure,the lien of this Second Deed of Trust shall automatically terminate upon the
<br /> Senior Lien Holder's acquisition of title,provided that(i)Beneficiary has been given written notice of a default under
<br /> the First Deed of Trust and(ii)Beneficiary shall not have cured the default under the First Deed of Trust within 30 days
<br /> of the notice sent to Beneficiary.
<br /> 12. Remedies Not Exclusive. Trustee and Beneficiary, and each of them, shall be entitled to enforce payment
<br /> and performance of any indebtedness or obligations secured hereby and to exercise all rights and powers under this Second Deed
<br /> of Trust or under any Loan Instrument or other agreement or any laws now or hereafter in force;notwithstanding,some or all of
<br /> the such indebtedness and obligations secured hereby may now or hereafter be otherwise secured,whether by mortgage,deed of
<br /> trust,pledge,lien,assignment or otherwise. Neither the acceptance of this Second Deed of Trust nor its enforcement,whether by
<br /> court action or pursuant to the power of sale or other powers herein contained,shall prejudice or in any manner affect Trustee's
<br /> or Beneficiary's right to realize upon or enforce any other security now or hereafter held by Trustee or Beneficiary, it being
<br /> agreed that Trustee and Beneficiary, and each of them, shall be entitled to enforce this Second Deed of Trust and any other
<br /> security now or hereafter held by Beneficiary or Trustee in such order and manner as they or either of them may in their absolute
<br /> discretion determine. No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive of any
<br /> other remedy herein or by law provided or permitted,but each shall be cumulative and shall be in addition to every other remedy
<br /> given hereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Loan
<br /> Instruments to Trustee or Beneficiary or to which either of them may be otherwise entitled,may be exercised, concurrently or
<br /> independently,from time to time and as often as may be deemed expedient by Trustee or Beneficiary and either of them may
<br /> pursue inconsistent remedies. Nothing herein shall be construed as prohibiting Beneficiary from seeking a deficiency judgment
<br /> against the Trustor to the extent such action is permitted by law.
<br /> 13. Request For Notice. Trustor and all other parties set forth herein hereby requests a copy of any Notice of
<br /> 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
<br /> Deed of Trust.
<br /> 14. Governing Law. This Second Deed of Trust shall be governed by and construed in accordance with the laws
<br /> of the State of Nebraska. In the event that any provision or clause of any of the Loan Instruments conflicts with applicable laws,
<br /> such conflict shall not affect other provisions of such Loan Instruments which can be given effect without the conflicting
<br /> provision,and to this end the provisions of the Loan Instruments are declared to be severable. This instrument cannot be waived,
<br /> changed,discharged or terminated orally,but only by an instrument in writing signed by the party against whom enforcement of
<br /> any waiver,change,discharge or termination is sought.
<br /> 15. Reconveyance by Trustee. Upon written request of Beneficiary stating that all sums secured hereby have
<br /> been paid and upon surrender of this Second Deed of Trust and any note to Trustee for cancellation and retention and upon
<br /> payment by Trustor of Trustee's fees,Trustee shall reconvey to Trustor,or the person or persons legally entitled thereto,without
<br /> warranty,any portion of the Trust Estate then held hereunder. The recitals in such reconveyance of any matters or facts shall be
<br /> conclusive proof of the truthfulness thereof. The grantee in any reconveyance may be described as"the person or persons legally
<br /> entitled thereto."
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<br /> NIFA HBA Loan/Form H
<br /> (04/2014)
<br /> 4826-5279-3871.2
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