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201806811 (a) 1 port receipt of such notice from Beneficiary, Trustee shall cause to he recorded, published and delivered to Trustor such Notice of Default and Notice of Sale as then required by law and by this Second Deed of Trust. 1 rustee shall. withoul demand on 'Frustor. after such time as may then be required by law and after recordation of such Notice of Default and after Notice of Sale hating been given as required by law, sell the Trust Estate at the time 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 shall deem expedient, and in such order as it may determine, at public auction to the highest bidder for cash in lawful money of the United States payable at the time of sale. Trustee shall deliver to such purchaser or purchasers thereof its good and sufficient deed or deeds conveying the property so sold. but without any covenant or warranty express or implied. The recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any person, including without limitation Trustor, Trustee or Beneficiary, may purchase at such sale. (h) As may be permitted by law, after deducting all costs, fees and expenses of Trustee and of this Trust, including costs of evidence of title in connection with sale, Trustee shall apply the proceeds of sale to payment of (i) the Indebtedness (ii) all other sums then secured hereby, and (iii) the remainder, if any. to the person or persons legally entitled thereto. (c) Trustee may in the manner provided by law postpone sale of all or any portion of the Trust Estate. (d) Any person (including his successor and assigns) receiving title to the Property through foreclosure or deed in lieu of foreclosure shall receive title to such property free and clear of any collateral agreements restricting the use of such property. (c) If any holder of the First Dced of Trust (the "Senior hien holder') shall acquire title to the Property pursuant to a deed in lieu of foreclosure, the lien of this Second Dccd of Trust shall automatically terminate upon the Senior Lien Holder's acquisition of title, provided that (i) Beneficiary has been given written notice of a default under the First Deed of Trust and (ii) Beneficiary shall not have cured the default under the First Deed of Trust within 30 days of the notice sent to Beneficiary. 12. Remedies Not Exclusive. l rustce and Beneficiary, and each of them, shall he entitled to enforce payment and performance of any indebtedness or obligations secured hereby and to exercise all rights and powers under this Second Deed of Trust or under any Loan Instrument or other agreement or any taws now or hereafter in force; notwithstanding, some or alt of the such indebtedness and obligations secured hereby may now or hereafter he otherwise secured, whether by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Second Decd of Trust nor its enforcement. whether by court action or pursuant to the power of sale or other powers herein contained, shall prejudice or in any manner affect Trustee's or Beneficiary's right to realize upon or enforce any other security now or hereafter held by Trustee or Beneficiary, it being agreed that Trustee and Bcneticiary. and each of them, shall be entitled to enforce this Second Deed of Trust and any other security now or hereafter held by Beneficiary or Trustee in such order and manner as they or either of then may in their absolute discretion determine. No remedy herein conferred upon or reserved to Trustcc or Beneficiary is intended to he exclusive of any other remedy herein or by law provided or permitted- but each shall be cumulative and shall be in addition to every other remedy 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 Instruments to Trustee or Beneficiary or to which either of then may he otherwise entitled. may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Trustee or Beneficiary and either of them may pursue inconsistent remedies. Nothing herein shall be construed as prohibiting Beneficiary from seeking a deficiency judgment against the Trustor to the extent such action is permitted by law. 13. Request For Notice. Trustor and all other parties set firth herein hereby requests a copy of any Notice of 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 Deed of -trust. 14. Governing Law. This Second Deed of Trust shall be governed by and construed in accordance with the laws of tete State of Nebraska. In the event that any provision or clause of any of the Loan Instruments conflicts with applicable laws, such conflict shall not affect other provisions of such Loan Instruments which can he given effect without the conflicting provision, and to this end the provisions of the Loan Instruments are declared to be severable. This instrument cannot he waived, changed, discharged or terminated orally, but only by an instrument in writing signed by the party against whom enforcement of any waiver, change, discharge or termination is sought_ 15. Reconveyance by Trustee. Upon written request of Beneficiary stating that all suets secured hereby have been paid and upon surrender of this Second Deed of Trust and any note to Trustee for cancellation and retention and upon payment by Trustor of Trustee's tees. Trustee shall reconvcv to Trustor, or the person or persons legally entitled thereto. without warranty, any portion of the Trust Estate then held hereunder. The recitals in such reconveyance of any matters or facts shall be conclusive proof of the truthfulness thereof: The grantee in any reconveyance may he described as "the person or persons legally entitled thereto." 4 4826-5279-3871.2 NIFA HBA Loan/Form H (10/2015)