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202507285 <br />to Lender at the site of the Land. GRANTOR HEREBY IRREVOCABLY CONSTITUTES AND <br />APPOINTS LENDER AS GRANTOR'S ATTORNEY -IN -FACT TO PERFORM SUCH ACTS AND <br />EXECUTE SUCH DOCUMENTS AS LENDER CONSIDERS APPROPRIATE IN CONNECTION WITII <br />TAKING THESE MEASURES, INCLUDING ENDORSEMENT OF GRANTOR'S NAME ON ANY <br />INSTRUMENTS. Regardless of any provision of this instrument or the other Loan Documents, (.,ender shall <br />not be considered to have accepted any property other than cash or immediately available funds in satisfaction <br />of any obligation of Grantor to Lender, unless Lender has given express written notice of its election of that <br />remedy in accordance with the UCC. <br />(iv) Uniform Commercial Code Remedies. Lender may exercise any or all of the remedies <br />granted to a secured party under the UCC. To the extent that Applicable Law imposes the duty on Lender to <br />exercise remedies in a commercially reasonable manner, Grantor acknowledges and agrees that it is not <br />commercially unreasonable for Lender to: (A) fail to incur expenses reasonably deemed significant by <br />Lender to prepare the Personalty for disposition or to fail to complete raw material or work in process into <br />finished goods or other finished products for disposition; (B) fail to exercise collection remedies against <br />account debtors or other Persons obligated on the Personalty (directly or through the use of collection <br />specialists), or to fail to remove liens, encumbrances or adverse claims against the Personalty; (C) advertise <br />dispositions of the Personalty through publications or media of general circulation, whether or not the <br />Personalty is of a specialized nature; (D) contact Persons for expressions of interest in acquiring all or any <br />portion of the Personalty; (D) hire professional auctioneers to assist in the disposition of the Personalty, <br />whether or not the Personalty is of a specialized nature; (F) dispose of the Personalty by utilizing Internet <br />sites that provide for or are reasonably capable of the auction of assets of the types included in the Personalty; <br />(G) dispose of the Personalty in wholesale rather than retail markets; (viii) disclaim disposition warranties; <br />(H) purchase insurance or credit enhancements to insure Lender against risks of loss, collection or disposition <br />of the Personalty or to provide to Lender a guaranteed return from the collection or disposition of the <br />Personalty; or (I) sell any Personalty jointly with any of the Property or to sell any Personalty in a sale <br />separate from a sale of any of the Property. Grantor acknowledges that the purpose of this section is to provide <br />a non -exhaustive indication of what actions or omissions by Lender would fulfill Lender's duties under the <br />UCC in Lender's exercise of remedies against the Personalty, and that other actions or omissions by Lender <br />shall not be deemed to fail to fulfill such duties solely on account of not being expressly included or indicated <br />in this section. <br />(v) Power of Sale. Lender may cause some or all of the Property, including any Personalty, to <br />be sold or otherwise disposed of in any combination and in any manner permitted by the Applicable Law in <br />the state in which the Property is located. <br />(vi) Judicial Action. Lender may bring an action in any court of competent jurisdiction to <br />foreclose this instrument in the manner provided under Applicable Law for the foreclosure of mortgages on <br />real property or to obtain specific enforcement of any of the covenants or agreements of this instrument. <br />(vii) Additional Rights. In addition to the rights and powers given to Lender under this <br />instrument, Lender shall have all such other rights both in law and equity for collection of the Loan. <br />(c) Cure; Protection of Security. Lender may cure any breach or default of Grantor, and if Lender <br />chooses to do so in connection with any such cure, Lender may also enter the Property and/or do any and all other <br />things which it considers necessary or appropriate to protect the security of this instrument. Such other things may <br />include: (i) appearing in and/or defending any action or proceeding which purports to affect the security of, or the <br />rights or powers of Lender under, this instrument; (ii) paying, purchasing, contesting or compromising any <br />encumbrance, charge, lien or claim of lien which in Lender's judgment is or may be senior in priority to this <br />instrument, such judgment of Lender to be conclusive as among the parties to this instrument; (iii) obtaining insurance <br />and/or paying any premiums or charges for insurance required to be carried under this instrument; (iv) otherwise <br />caring for and protecting any and all of the Property; and/or (v) employing counsel, accountants, contractors and other <br />appropriate Persons to assist Lender. Lender may take any of the actions permitted under this Article either with or <br />without giving notice to any Person. Notwithstanding the foregoing, in no event will Lender have any obligation to <br />Nebraska - Deed of Trust <br />FAMC Loan No. 40011191 <br />Originator Loan No. 40011191 <br />11 ©Federal Agricultural Mortgage Corporation <br />251518151204 [Doc Id 2101 M 12092025 <br />