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'01504188
<br />as may then be required by law, Trustee, at the time and place specified by the
<br />Notice of Sale, shall sell such Property, or any portion thereof specified by
<br />Trustee, at public auction to the highest bidder for cash in lawful money of the
<br />United States. Trustee may, and upon request of Beneficiary shall, from time to
<br />time, postpone the sale by public announcement thereof at the time and place
<br />noticed therefor. If the Property consists of several lots or parcels, Trustee may
<br />designate the order in which such lots or parcels shall be offered for sale or sold.
<br />Any person, including Trustor, Trustee, or Beneficiary may purchase at the sale.
<br />Upon any sale, Trustee shall execute and deliver to the purchaser or purchasers,
<br />a deed or deeds conveying the property so sold, but without any covenant or
<br />warranty whatsoever, express or implied, whereupon such purchaser or
<br />purchasers shall be led into immediate possession.
<br />(v) This instrument shall be effective as a mortgage as well as a deed
<br />of trust and upon the occurrence of an Event of Default may be foreclosed as to
<br />any of the Property in any manner permitted by the laws of the State of Nebraska
<br />or of any other state in which any part of the Property is situated, and any
<br />foreclosure suit may be brought by the Trustee or by the Beneficiary. In the event
<br />a foreclosure hereunder shall be commenced by the Trustee, or its substitute or
<br />successor, the Beneficiary may at any time before the sale of the Property direct
<br />the said Trustee to abandon the sale, and may then institute suit for the collection
<br />of the Notes and the other Obligations, and for the foreclosure of this Deed of
<br />Trust. It is agreed that if the Beneficiary should institute a suit for the collection of
<br />the Notes or any other Obligations and for the foreclosure of this Deed of Trust
<br />the Beneficiary may at any time before the entry of a final judgment in said suit
<br />dismiss the same, and require the Trustee or his substitute or successor to sell
<br />the Property in accordance with the provisions of this Deed of Trust.
<br />(vi) In the event of a sale or other disposition of any such property, or
<br />any part thereof, and the execution of a deed or other conveyance pursuant
<br />thereto, the recitals therein of facts, such as default, the giving of Notice of
<br />Default, and Notice of Sale, terms of sale, purchaser, payment of purchase
<br />money, and any other fact affecting the regularity or validity of such sale or
<br />disposition, shall be conclusive proof of the truth of such facts; and any such
<br />deed or conveyance shall be conclusive proof against all persons as to such
<br />facts recited herein.
<br />(vii) The proceeds of any sale or disposition hereunder, together with
<br />any other sums which then may be held by Trustee or Beneficiary under this
<br />Deed of Trust, whether under the provisions of this paragraph, or otherwise, shall
<br />be applied as follows: FIRST, to the expenses of such sale or disposition
<br />together with Trustee's fees and reasonable attorneys' fees and expenses,
<br />Beneficiary's costs and the actual cost of publishing, recording, mailing, posting
<br />notice, the cost of any search or other evidence of title procured in connection
<br />therewith, if applicable, and recordation and transfer taxes and other charges, if
<br />any, on any release or deed of reconveyance; SECOND, to the payment of all
<br />amounts secured by this Deed of Trust, including but not limited to those set forth
<br />in the Notes and any other Loan Document, and all other sums due Beneficiary
<br />from Trustor; THIRD, to all other sums secured by the Property; and FOURTH
<br />the remainder, if any, to the person or persons legally entitled thereto in the order
<br />of their priority.
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