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<br />200510925
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<br />sufficient deed or deeds conveying the property so sold, but without any covenant or warranty, express or
<br />implied. The recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness
<br />thereof. Any person, including without limitation Trustor, Trustee or Beneficiary, may purchase at such
<br />sale.
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<br />(b) As may be pennitted by law, after deducting all costs, fees and expenses of Trustee and
<br />of this Trust, including costs of evidence oftitle in connection with sale, Trustee shall apply the proceeds of
<br />sale to payment of (i) the Indebtedness (ii) all other sums then secured hereby, and (iii) the remainder, if
<br />any, to the person or persons legally entitled thereto.
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<br />(c)
<br />Trust Estate.
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<br />Trustee may in the manner provided by law postpone sale of all or any portion of the
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<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 obligations secured hereby and to exercise all rights and powers
<br />under this Second Deed of Trust or under any Loan Instrument or other agreement or any laws now or hereafter in
<br />force; notwithstanding, some or all of the such indebtedness and obligations secured hereby may now or hereafter be
<br />otherwise secured, whether by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the
<br />acceptance of this Second Deed of Trust nor its enforcement, whether by court action or pursuant to the power of
<br />sale or other powers herein contained, shall prejudice or in any manner affect Trustee's or Beneficiary's right to
<br />realize upon or enforce any other security now or hereafter held by Trustee or Beneficiary, it being agreed that
<br />Trustee and Beneficiary, and each of them, shall be entitled to enforce this Second Deed of Trust and any other
<br />security now or hereafter held by Beneficiary or Trustee in such order and manner as they or either of them may in
<br />their absolute discretion determine. No remedy herein conferred upon or reserved to Trustee or Beneficiary is
<br />intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative
<br />and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by
<br />statute. Every power or remedy given by any ofthe Loan Instruments to Trustee or Beneficiary or to which either of
<br />them may be otherwise entitled, may be exercised, concurrently or independently, from time to time and as often as
<br />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 judgment against the Trustor to the
<br />extent such action is permitted by law.
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<br />13. Request For Notice. Trustor and all other parties set forth herein hereby requests a copy of any
<br />Notice of Default and a copy of any Notice of Sale hereunder be mailed to them at the address set forth in the first
<br />paragraph of this Second Deed of Trust.
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<br />14. Governing Law. This Second Deed of Trust shall be governed by and construed in accordance
<br />with the laws of the State of Nebraska. In the event that any provision or clause of any of the Loan Instruments
<br />conflicts with applicable laws, such conflict shall not affect other provisions of such Loan Instruments which can be
<br />given effect without the conflicting provision, and to this end the provisions of the Loan Instruments are declared to
<br />be severable. This instrument cannot be waived, changed, discharged or terminated orally, but only by an
<br />instrument in writing signed by the party against whom enforcement of any waiver, change, discharge or termination
<br />is sought.
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<br />15. Reconveyance by Trustee. Upon written request of Beneficiary stating that all sums secured
<br />hereby have been paid and upon surrender of this Second Deed of Trust and any note to Trustee for cancellation and
<br />retention and upon payment by Trustor of Trustee's fees, Trustee shall reconvey to Trustor, or the person or persons
<br />legally entitled thereto, without warranty, any portion of the Trust Estate then held hereunder. The recitals in such
<br />reconveyance of any matters or facts shall be conclusive proof of the truthfulness thereof. The grantee in any
<br />reconveyance may be described as "the person or persons legally entitled thereto."
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<br />16. Notices. Whenever Beneficiary, Trustor or Trustee shall desire to give or serve any notice,
<br />demand, request or other communication with respect to this Second Deed of Trust, each such notice, demand,
<br />request or other communication shall be in writing and shall be effective only if the same is delivered by personal
<br />service or mailed by certified mail, postage prepaid, return receipt requested, addressed to the address set forth at the
<br />3718.CV (7105) 900310 Page 5 of6 NIFA 7/05
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