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200110903 First: To the payment of the costs and expenses of any such sale, including compensation to Trustee and Beneficiary, their agents and counsel, and of any judicial proceeding wherein the same may be made, and of all expenses, liabilities and advances actually made or incurred by Beneficiary hereunder, together with interest thereon as provided herein, and all Impositions and other charges, except any Impositions or other charges subject to which the Trust Property shall have been sold. Second: To the payment in full of the monetary Secured Obligations (including principal, interest,, premium and fees) in such order as Beneficiary may elect. Third: To the payment of any other sums secured hereunder or required to be paid by Grantor pursuant to any provision of the Loan Documents. Fourth: To the extent permitted by applicable law, to be set aside by Beneficiary as adequate security in its judgment for the payment of sums which would have been paid by application under clauses First through Third above to Beneficiary, arising out of an obligation or liability with respect to which Grantor has agreed to indemnify Beneficiary, but which sums are not yet due and payable or liquidated. Fifth: To the payment of any withholding tax requirements of the Foreign Investment in Real Property Tax Act of 1980, as amended. Sixth: To the payment of the surplus, if any, to whomsoever may be lawfully entitled to receive the same. SECTION 6.06. Additional Provisions as to Remedies. (a) No delay or omission by Beneficiary or Trustee to exercise any right or remedy hereunder upon any default or Event of Default shall impair such exercise, or be construed to be a waiver of any such default or Event of Default. (b) The failure, refusal or waiver (by consent, waiver or otherwise) of Beneficiary or Trustee to assert any right or remedy hereunder upon any default or Event of Default or other occurrence shall not be construed as waiving such right or remedy upon any other or subsequent default or Event of Default or other occurrence. (c) Neither Beneficiary nor Trustee shall have any obligation to pursue any rights or remedies it may have under any other agreement prior to pursuing its rights or remedies hereunder or under the other Loan Documents. (d) Acceptance of any payment after the occurrence of any default or Event of Default shall not be deemed a waiver or a cure of such default or Event of Default, and acceptance of any payment less than any amount then due shall be deemed an acceptance on account only. (e) In the event that Beneficiary or Trustee shall have proceeded to enforce any right or remedy hereunder by foreclosure, sale, entry or otherwise, and such proceeding shall NYDOCS03/596673.1 23 HALL COUNTY, NEBRASKA