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<br />notice. Without limiting the foregoing, in case Beneficiary and/or Trustee shall have proceeded
<br />to enforce any right or remedy under this Deed of Trust by receiver, entry or otherwise, and such
<br />proceedings have been discontinued or abandoned for any such reason or shall have been
<br />determined adversely to Beneficiary and/or Trustee, then in every such case Grantor, Beneficiary
<br />and Trustee shall be restored to their former positions and rights hereunder, and all rights, powers
<br />and remedies of Beneficiary and Trustee shall continue as if no such proceeding had been taken.
<br />(c) After each sale, Beneficiary and/or Trustee or an officer of any court
<br />empowered to do so shall execute and deliver to the purchaser or purchasers at such sale a good
<br />and sufficient instrument or instruments granting, conveying, assigning and transferring all right,
<br />title and interest of Grantor in and to the property and rights sold and shall receive the proceeds
<br />of said sale or sales and apply the same as herein provided. Beneficiary and Trustee, severally,
<br />are hereby appointed the true and lawful attorney -in -fact of Grantor, which appointment is
<br />irrevocable and shall be deemed to be coupled with an interest, in Grantor's name and stead, to
<br />make all necessary conveyances, assignments, transfers and deliveries of the property and rights
<br />so sold, and for that purpose Beneficiary and/or Trustee may execute all necessary instruments of
<br />conveyance, assignment, transfer and delivery, and may substitute one or more persons with like
<br />power, Grantor hereby ratifying and confirming all that said attorney or such substitute or
<br />substitutes shall lawfully do by virtue thereof. Nevertheless, Grantor, if requested by Beneficiary
<br />or Trustee, shall ratify and confirm any such sale or sales by executing and delivering to
<br />Beneficiary, Trustee or such purchaser or purchasers all such instruments as may be advisable, in
<br />Beneficiary's or Trustee's judgment, for the purposes as may be designated in such request.
<br />(d) Any and all statements of fact or other recitals made in any of the
<br />instruments referred to in subsection (c) of this Section given by Beneficiary and/or Trustee as to
<br />nonpayment of the Secured Obligations, or as to the occurrence of any Event of Default, or as to
<br />Beneficiary having declared all or any of the Secured Obligations to be due and payable, or as to
<br />the request to sell, or as to notice of time, place and terms of sale and of the property or rights to
<br />be sold having been duly given, or as to the refusal, failure or inability to act of Trustee, or as to
<br />the appointment of any substitute or successor Trustee, or as to any other act or thing having been
<br />duly done by Grantor, Trustee or Beneficiary shall be taken as conclusive and binding against all
<br />persons as to evidence of the truth of the facts so stated and recited. Beneficiary and/or Trustee
<br />may appoint or delegate any one or more persons as agent to perform any act or acts necessary or
<br />incident to any sale so held, including the posting of notices and the conduct of sale.
<br />(e) The receipt of Beneficiary and/or Trustee for the purchase money paid at
<br />any such sale, or the receipt of any other person authorized to receive the same, shall be sufficient
<br />discharge therefor to any purchaser of any property or rights sold as aforesaid, and no such
<br />purchaser, or its representatives, grantees or assigns, after paying such purchase price and
<br />receiving such receipt, shall be bound to see to the application of such purchase price or any part
<br />thereof upon or for any trust or purpose of this Deed of Trust or, in any manner whatsoever, be
<br />answerable for any loss, misapplication or nonapplication of any such purchase money, or part
<br />thereof, or be bound to inquire as to the authorization, necessity, expediency or regularity of any
<br />such sale.
<br />NYDOCS03/596673.1 21 HALL COUNTY, NEBRASKA
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