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<br />200509714
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<br />Trust Estate, or part thereof or interest thcrein, incrcasc the income thcrefrom or protect the security hereof and, with or without taking
<br />posscssion of the Trust Estate, sue for or otherwise collect the rents, issues and profits thereof, including those past due and unpaid, and
<br />apply the same, less costs and expenses of operation and collection including attorneys' fees, upon any indcbtedness secured hereby, all in
<br />such order as Beneficiary may detennine. The entering upon and taking possession of the Trust Estatc, the collection of such rents, issucs
<br />and profits and the application thereof as aforcsaid shall not cure or waive any default or notice of default hereundcr or invalidate any act
<br />done in response to such default or pursuant to such notice of default and, notwithstanding the continuance in possession of the Trust Estatc
<br />or the collection, receipt and application of rents, issues or profits, Trustee or Beneficiary shall been entitled to cxercise every right
<br />provided for in any of the Loan Instruments or by law upon occurrence of any event of default, including the right to exercise the power of
<br />sale;
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<br />(ii) commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver or specifically enforce any of the
<br />covenants hereof;
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<br />(iii) deliver to Trustee a written declaration of default and demand for sale and a written noticc of default and election to
<br />causc Trustor's interest in the Trust Estate to be sold, which notice Trustee shall cause to bc duly filed for record in the appropriate officcs
<br />of the County in which the Trust Estate is located; or
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<br />(iv) exercise such other rights or remedies at law or in equity.
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<br />II. Foreclosure by Power of Sale. If Beneficiary elects to foreclose by exercise of the Power of Sale herein contained, Beneficiary
<br />shall notify Trustee and shall deposit with Trustee this Second Deed of Trust and any note evidencing the Indebtedness and such receipts and
<br />evidence of expenditures made and secured hereby as Trustee may require.
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<br />(a) Upon receipt of such notice from Beneficiary, Trustee shall cause to be recorded, published and delivered to Trustor
<br />such Notice of Default and Notice of Sale as then required by law and by this Second Deed of Trust. Trustee shall, without demand on
<br />Trustor, after such time as may then be required by law and after recordation of such Notice of Default and after Notice of Sale having been
<br />given as required by law, sell the Trust Estate at the time and place of sale fixed by it in such Notice of Sale, either as a whole, or in
<br />separate lots or parcels or items as Trustee shall deem expedient, and in such order as it may determine, at public auction to the highest
<br />bidder for cash in lawful money of the United States payable at the time of sale. Trustee shall deliver to such purchaser or purchasers
<br />thereof its good and sufficient deed or deeds conveying the property so sold, but without any covenant or warranty, express or implied.
<br />The recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any person, including without
<br />limitation Trustor, Trustee or Beneficiary, may purchase at such sale.
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<br />(b) As may be permitted by law, after deducting all costs, fees and expenses of Trustee and of this Trust, including costs of
<br />evidence of title in connection with sale, Trustee shall apply the proceeds of sale to payment of (i) the Indebtedness (ii) all other sums then
<br />secured hereby, and (iii) the remainder, if any, to the person or persons legally entitled thereto.
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<br />(c) Trustee may in the manner provided by law postpone sale of all or any portion of the Trust Estate.
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<br />12. Remedies Not Exclusive. Trustee and Beneficiary, and each of them, shall be entitled to enforce payment and performance of
<br />any indebtedness or obligations secured hereby and to exercise all rights and powers under this Second Deed of Trust or under any Loan Instrument
<br />or other agreement or any laws now or hereafter in force; notwithstanding, some or all of the such indebtedness and obligations secured hereby may
<br />now or hereafter be otherwise secured, whether by mortgage, decd of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this
<br />Second Deed of Trust nor its enforcement, whether by court action or pursuant to the power of sale or other powers herein contained, shall prejudice
<br />or in any manner affect Trustee's or Beneficiary's right to realize upon or enforce any other security now or hereafter held by Trustee or Beneficiary,
<br />it being agreed that Trustee and Beneficiary, and each of them, shall be entitled to enforce this Second Deed of Trust and any other security now or
<br />hereafter held by Beneficiary or Trustee in such order and manner as they or either of them may in their absolute discretion determinc. No remedy
<br />herein conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive of any other remedy herein or by law provided or permitted,
<br />but each shall be cumulative 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 of the Loan Instruments to Trustee or Beneficiary or to which either of them may be otherwise entitled,
<br />may be exercised, concurrently or independently, from time to time and as oftcn as may be deemed expedient by Trustee or Beneficiary and eithcr of
<br />them may pursue inconsistent remedies. Nothing herein shall be construed as prohibiting Beneficiary from seeking a deficiency judgmcnt against the
<br />Trustor to the 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 Notice of Default and a copy of
<br />any Notice of Sale hereunder be mailed to them at thc address set forth in the first paragraph of this Second Deed of Trust.
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<br />14. Governing Law. This Second Deed of Trust shall bc governed by and construed in accordance with the laws of the Statc of
<br />Nebraska. In the event that any provision or clause of any of the Loan Instruments conflicts with applicable laws, such conflict shall not affect other
<br />provisions of such Loan Instruments which can be given effect without the conflicting provision, and to this cnd the provisions of the Loan
<br />Instruments are declared to be severable. This instrumcnt cannot be waived, changed, dischargcd or tenninated orally, but only by an instrument in
<br />writing signed by the party against whom enforcement of any waiver, change, discharge or tennination is sought.
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<br />01-452309.2
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