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201805013
<br />such notice is sent to Trustor at the address above set forth, it shall constitute reasonable notice to
<br />Trustor.
<br />(iv) Should Trustee elect to sell the Property which is real property or which it has
<br />elected to treat as real property, upon such election, Trustee shall give such Notice of Default and
<br />election to sell as may then be required by law. Thereafter, upon the expiration of such time and
<br />the giving of such Notice of Sale as may then be required by law, Trustee, at the time and place
<br />specified by the 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 United States.
<br />Trustee may, and upon request of Beneficiary shall, from time to time, postpone the sale by public
<br />announcement thereof at the time and place noticed therefor. If the Property consists of several
<br />lots or parcels, Trustee may designate the order in which such lots or parcels shall be offered for
<br />sale or sold. 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, a deed or deeds
<br />conveying the property so sold, but without any covenant or warranty whatsoever, express or
<br />implied, whereupon such purchaser or purchasers shall be led into immediate possession.
<br />(v) This instrument shall be effective as a mortgage as well as a deed of trust and
<br />upon the occurrence of an Event of Default may be foreclosed as to any of the Property in any
<br />manner permitted by the laws of the State of Nebraska or of any other state In which any part of
<br />the Property is situated, and any foreclosure suit may be brought by the Trustee or by the
<br />Beneficiary. In the event a foreclosure hereunder shall be commenced by the Trustee, or its
<br />substitute or successor, the Beneficiary may at any time before the sale of the Property direct the
<br />said Trustee to abandon the sale, and may then institute suit for the collection of the Notes and the
<br />other Obligations, and for the foreclosure of this Deed of Trust. It is agreed that if the Beneficiary
<br />should institute a suit for the collection of the Notes or any other Obligations and for the
<br />foreclosure of this Deed of Trust the Beneficiary may at any time before the entry of a final
<br />judgment in said suit 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 any part
<br />thereof, and the execution of a deed or other conveyance pursuant thereto, the recitals therein of
<br />facts, such 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 sale or
<br />disposition, shall be conclusive proof of the truth of such facts; and any such deed or conveyance
<br />shall be conclusive proof against all persons as to such facts recited herein.
<br />(vii) The proceeds of any sale or disposition hereunder, together with any other sums
<br />which then may be held by Trustee or Beneficiary under this Deed of Trust, whether under the
<br />provisions of this paragraph, or otherwise, shall be applied as follows: FIRST, to the expenses of
<br />such sale or disposition together with Trustee's fees and reasonable attorneys' fees and expenses,
<br />Beneficiary's costs and the actual cost of publishing, recording, mailing, posting notice, the cost of
<br />any search or other evidence of title procured in connection therewith; if applicable, and
<br />recordation and transfer taxes and other charges, if any, on any release or deed of reconveyance;
<br />SECOND, to the payment of all amounts secured by this Deed of Trust, including but not limited
<br />to those set forth 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 the remainder, if
<br />any, to the person or persons legally entitled thereto in the order of their priority.
<br />The Beneficiary shall have the right to become the purchaser at any sale held by any Trustee or substitute
<br />or successor or by any receiver or public officer, and Beneficiary shall have the right to credit upon the amount of
<br />the bid made therefor, to the extent necessary to satisfy such bid, the Obligations owing to Beneficiary, or if
<br />Beneficiary holds less than all of such indebtedness the pro rata part thereof owing to Beneficiary, accounting to all
<br />other beneficiaries or noteholders not joining in such bid in cash for the portion of such bid or bids apportionable to
<br />such nonbidding beneficiary or noteholder.
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