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<br />any covenant or warranty, express or implies. The recitals in such deed of any matters or facts shall be conclusive
<br />proof of the truthfulness thereof. Any person, including without limitation Trustor, Trustee or Beneficiary, may
<br />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
<br />of (i) the indebtedness (ii) all other sums then secured hereby, and (iii) the remainder, if any, to the person or
<br />persons legally entitled thereto.
<br />(b) Trustee may in the manner provided by law postpone sale of all or any portion of the Trust Estate.
<br />12. Remedies Not Exclusive. Trustee and Beneficiary, and each of them, shall be entitled to enforce
<br />payment and performance of any indebtedness or obligation secured hereby and to exercise all rights and powers under this
<br />Second Deed of Trust or under any Loan Instrument or other agreement or any laws now or hereafter in force;
<br />notwithstanding, some or all of the such indebtedness and obligations secured hereby may now or hereafter be otherwise
<br />secured, whether by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Second
<br />Deed of Trust nor its enforcement, whether by court action or pursuant to the power of sale or other powers herein
<br />contained, shall prejudice or in any manner affect Trustee's or Beneficiary's right to realize upon or enforce any other security
<br />now or hereafter held by Trustee of Beneficiary, it being agreed that Trustee and Beneficiary, and each of them, shall be
<br />entitled to enforce this Second Deed of Trust and any other security now or hereafter held by Beneficiary or Trustee in such
<br />order and manner as they or either of them may in their absolute desecration determine. No remedy herein conferred upon
<br />or reserved to Trustee or Beneficiary is intended to be exclusive of any other remedy herein or by law provided or permitted,
<br />but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at
<br />law or in equity or by statute. Every power or remedy given by any of the Loan Instruments Trustee or Beneficiary or to
<br />which either of them may be otherwise entitled, may be exercised, concurrently or independently, from time to time and as
<br />often as may be deemed expedient by Trustee or Beneficiary and either of them may pursue inconsistent remedies. Nothing
<br />herein shall be construed as prohibiting Beneficiary from seeking a deficiency judgement against the Trustor to the extent
<br />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
<br />Second Deed of Trust.
<br />14. Governing Law. This Second Deed of Trust shall be governed by and construed in accordance with the
<br />laws of the State of Nebraska. In the event that any provision or clause of any of the Loan Instruments conflicts with
<br />applicable laws, such conflict shall not affect other provisions of such Loan Instruments which can be given effect without the
<br />conflicting provision, and to this end the provisions of the Loan Instruments are declared to be severable. This instrument
<br />cannot be waived, changed, discharged or terminated orally, but only by an instrument in writing signed by the party against
<br />whom enforcement of any waived change, discharge or termination is sought.
<br />15. Reconveyance by Trustee. Upon written request of Beneficiary stating that all sums secured hereby
<br />have been paid and upon surrender of this Second Deed of Trust and any note to Trustee for cancellation and retention and
<br />upon payment to Trustor of Trustee's fees, Trustee shall reconvey to Trustor, or the person or persons legally entitled thereto,
<br />without warranty, any portion of the Trust Estate then held hereunder. The recitals in such reconveyance of any matters or
<br />facts shall be conclusive proof of the truthfulness thereof. The grantee in any reconveyance may be described as "the person
<br />or persons legally entitled thereto ".
<br />16. Notices, Whenever Beneficiary, Trustor or Trustee shall desire to give or serve any notice, demand,
<br />request or other communication with respect to this Second Deed of Trust, each such notice, demand, request or other
<br />communication shall be in writing and shall be effective only if the same is delivered by personal service or mailed by certified
<br />mail, postage prepaid, return receipt requested, addressed to the address set forth at the beginning of this Second Deed of
<br />Trust. Any party may at any time change its address for such notices by delivering or mailing to the other parties hereto, as
<br />aforesaid, a notice of such change.
<br />17. Acceptance by Trustee. Trustee accepts this Trust when this Second Deed of Trust, duly executed and
<br />acknowledged, is made a public record as provided by law.
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