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<br />200601778
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<br />0110247550
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<br />and placc of sale fixed by it in such Notice of Sale, either as a wholc, or in separate lots or parcels or itcms as Trustee
<br />shall deem expedient, and in such order as it may determine, at public auction to the highest bidder for cash in lawful
<br />money of the United States payablc at the timc of sale. Trustee shall deliver to such purchascr or purchasers thereof its
<br />good and sufficient deed or deeds conveying thc propcrty so sold, but without any covenant or warranty, express or
<br />implied. The recitals in such deed of any matters or facts shall be conclusivc proof of the truthfulness thcrcof. Any
<br />person, including without limitation Trustor, Trustee or Beneficiary, may purchase at such sale.
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<br />(b) As may be permitted by law, aftcr dcducting all costs, fees and expenses of Trustee and of this
<br />Trust, including costs of evidcncc of title in connection with sale, Trustee shall apply the proceeds of sale to payment of
<br />(i) the Indebtedness (ii) all other sums then secured hereby, and (iii) the remainder, if any, to the person or pcrsons
<br />legally entitled thereto.
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<br />(c) Trustee may in thc manner provided by law postpone sale of all or any portion of the Trust Estatc.
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<br />12. Remedies Not Exclusive. Trustcc and Bencficiary, and each of them, shall be cntitled to en force payment
<br />and performance of any indebtedness or obligations secured hcrcby and to exercise all rights and powcrs under this Second Deed
<br />of Trust or under any Loan Instrumcnt or other agreement or any laws now or hcrcaftcr in force; notwithstanding, some or all of
<br />the such indebtedness and obligations secured hereby may now or hercaftcr be otherwise secured, whethcr by mortgage, deed of
<br />trust, pledgc, lien, assignment or otherwise. Ncither the acceptance of this Second Deed of Trust nor its enforcement, whether by
<br />court action or pursuant to the power of sale or other powers herein contained, shall prejudice or in any manner affect Trustce's
<br />or Beneficiary's right to realize upon or enforce any other security now or hereafter held by Trustee or Beneficiary, it being
<br />agrccd that Trustee and Beneficiary, and cach of them, shall be entitled to enforcc this Second Deed of Trust and any othcr
<br />security now or hereafter hcld by Beneficiary or Trustee in such order and manner as they or either ofthcm may in thcir absolute
<br />discretion dctcrminc. No remedy herein conferred upon or reserved to Trustee or Beneficiary is intcnded to be exclusive of any
<br />other remedy herein or by law providcd or permitted, but each shall be cumulativc and shall be in addition to cvcry other remedy
<br />given hereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Loan
<br />Instruments to Trustee or Beneficiary or to which either of thcm may be otherwise entitled, may bc cxercised, concurrently or
<br />independently, from timc to time and as often as may be deemed expedient by Trustec or Beneficiary and either of thcm Illay
<br />pursuc inconsistent remedies. Nothing hcrein shall be construed as prohibiting Beneficiary from seeking a deficiency judgment
<br />against the Trustor to the extcnt such action is permitted by law.
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<br />13. Request For Notice. Trustor and all other parties sct 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 Sccond
<br />Deed of Trust.
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<br />14. Governing Law. This Second Deed of Trust shall bc governed by and construcd in accordance with the laws
<br />of thc State of Nebraska. In thc cvent that any provision or clause of any of the Loan Instruments conflicts with applicable laws,
<br />such conflict shall not affect other provisions of such Loan Instruments which can bc given effect without the conflicting
<br />provision, and to this end the provisions of the Loan Instruments are declared to be scvcrable. This instrument cannot bc waived,
<br />changed, discharged or terminated orally, but only by an instrumcnt in writing signed by thc party against whom enforcement of
<br />any waiver, change, discharge or termination is sought.
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<br />15. Reconveyance by Trustee. Upon writtcn requcst of Beneficiary stating that all sums secured hereby have
<br />been paid and upon surrender of this Second Deed of Trust and any notc to Trustee for cancellation and retention and upon
<br />payment by Trustor of Trustee's fces, Trustee shall reconvey to Trustor, or the person or persons legally entitled thereto, without
<br />warranty, any portion of the Trust Estate then hcld hereunder. The recitals in such rcconveyance of any matters or facts shall be
<br />conclusive proof of thc truthfulness thereof. Thc grantee in any reconveyance may be described as "the person or persons legally
<br />entitled thcrcto."
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<br />1 G. Notices. Whenever Beneficiary, Trustor or Trustee shall desire to givc or serve any notice, demand, request
<br />or othcr communication with respect to this Second Deed of Trust, each such notice, demand, request or other communication
<br />shall be in writing and shall be effective only if the samc is delivered by personal service or mailed by certified mail, postage
<br />prepaid, return rcceipt requested, addressed to thc address set forth at the beginning of this Second Deed of Trust. Any party Illay
<br />at any time change its address for such notices by delivering or mailing to the other parties hereto, as aforesaid, a noticc of such
<br />change.
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<br />17. Acceptance by Trustee. Trustee accepts this Trust whcn this Second Deed of Trust, duly executed and
<br />acknowledgcd, is madc a public record as provided by law.
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<br />NIFAFORMH.doc
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<br />4
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<br />NIFA MRD/Form H
<br />(10105)
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