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<br />200805676
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<br />without taking possession of the Trust Estate, sue for or otherwise collect the rents, issues and profits thereof,
<br />including those past due and unpaid, and apply the same, less costs and expenses of operation and collection
<br />including attorneys' fees, upon any indebtedness secured hereby, all in such order as Beneficiary may
<br />determine. The entering upon and taking possession of the Trust Estate, the collection of such rents, issues
<br />and profits and the application thereof as aforesaid shall not cure or waive any default or notice of default
<br />hereunder or invalidate any act done in response to such default or pursuant to such notice of default and,
<br />notwithstanding the continuance in possession of the Trust Estate or the collection, receipt and application of
<br />rents, issues or profits, Trustee or Beneficiary shall been entitled to exercise every right provided for in any of
<br />the Loan Instruments or by law upon occurrence of any event of default, including the right to exercise the
<br />powcr of sale;
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<br />(ii) commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver or
<br />specifically enforce any of the covenants hereof;
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<br />(iii) deliver to Trustee a written declaration of default and demand for sale and a written
<br />notice of default and election to cause Trustor's interest in the Trust Estate to be sold, which notice Trustee
<br />shall cause to be duly filed for record in the appropriate offices of the County in which the Trust Estate is
<br />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
<br />herein contained, Beneficiary shall notifY Trustee and shall deposit with Trustee this Second Deed of Trust and any
<br />note evidencing the Indebtedness and such receipts and evidence of expenditures made and secured hereby as Trustee
<br />may require.
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<br />(a) Upon receipt of such notice from Beneficiary, Trustee shall cause to be recorded,
<br />published and delivered to Trustor such Notice of Default and Notice of Sale as then required by law and by
<br />this Second Deed of Trust. Trustee shall, without demand on Trustor, after such time as may then be required
<br />by law and after recordation of such Notice of Default and after Notice of Sale having been given as required
<br />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,
<br />or in separate lots or parcels or items as Trustee shall deem expedient, and in such order as it may determine,
<br />at public auction to the highest bidder for cash in lawful money of the United States payable at the time of
<br />sale. Trustee shall deliver to such purchaser or purchasers thereof its good and sufficient deed or deeds
<br />conveying the property so sold, but without any covenant or warranty, express or implied. The recitals in
<br />such deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any person, including
<br />without 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
<br />of this Trust, including costs of evidence of title 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 any,
<br />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 ail 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 sccured 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 acceptance
<br />of this Second Deed of Trust nor its enforcement, whether by court action or pursuant to the power of sale or other
<br />powers herein contained, shall prejudice or in any manner affect Trustee's or Beneficiary's right to realize upon or
<br />enforce any other security now or hereafter held by Trustee or Beneficiary, it being agreed that Trustee and
<br />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
<br />discretion detennine. No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to be
<br />exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in
<br />addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute. Every
<br />power or remedy given by any of the Loan Instruments to Trustee or Beneficiary or to which either of them may be
<br />otherwise entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed
<br />expedient by Trustee or Beneficiary and either of them may pursue inconsistent remedies. Nothing herein shall be
<br />construed as prohibiting Beneficiary from seeking a deficiency judgment against the Trustor to the extent such action is
<br />pennitted 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 be
<br />severable. This instrument cannot be waived, changed, discharged or terminated orally, but only by an instrument in
<br />writing signed by the party against whom enforcement of any waiver, change, discharge or termination 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
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<br />16- 33
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<br />NIFA MRB/Form H
<br />(10/06)
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<br />4827-8093-9776.8
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