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200901437 discharge of the Secured Indebtedness; any surplus remaining shall be paid over to Trustor or to such other person or persons as may be lawfully entitled to such surplus. Beneficiary may bid at any such foreclosure sale, and in connection therewith Beneficiary may credit bid all or any portion of the Secured Indebtedness (including, without limitation, the Trustee's fees and expenses, Beneficiary's attorneys' and appraisal fees, and all other expenses incurred by Beneficiary in undertaking the foreclosure). At the conclusion of any foreclosure sale, the purchaser at the sale shall forthwith pay the price bid, and upon receipt of payment, the Trustee shall execute and deliver his or her deed to such purchaser. Such deed shall operate to convey to the purchaser, without right of redemption, and to divest Trustor and all persons claiming under Trustor of all right, title, and interest, whether legal or equitable, in the Property described in the deed. Nothing in this Section or elsewhere in this Deed of Trust dealing with foreclosure procedures or specifying particular actions to be taken by Beneficiary or by Trustee or any similar officer shall be deemed to contradict or add to the requirements and procedures now or hereafter specified by Nebraska law, and any such inconsistency shall be resolved in favor of Nebraska law applicable at the time of foreclosure. 4.3 Remedies Cumulative and Non-Waiver. No remedy or right of Beneficiary hereunder or under the Notes, or any of the Loan Documents or otherwise, or available under applicable law, shall be exclusive of any other right or remedy. Each such remedy or right shall be in addition to every other remedy or right now or hereafter existing under any such document or under applicable law. No delay in the exercise of, or omission to exercise, any remedy or right accruing on the occurrence of any Event of Default shall impair any such remedy or right or be construed to be a waiver of any such Event of Default or an acquiescence therein, nor shall it affect any subsequent Event of Default of the same or a different nature, nor shall it extend or affect any grace period. Every remedy or right may be exercised concurrently or independently, when and as often as may be deemed expedient by the Beneficiary. All obligations of the Trustor, and all rights, powers and remedies of the Beneficiary shall be in addition to, and not in limitation of, those provided by law or in the Notes or contained in any of the Loan Documents or any other written agreement or instrument relating to any of the Secured Indebtedness or any security therefor. 4.4 Expenses. In any proceeding to foreclose or partially foreclose the lien of this Deed of Trust, there shall be allowed and included, as additional indebtedness in the judgment or decree resulting therefrom, all expenses paid or incurred by or on behalf of Beneficiary in the protection of the Property and the exercise of Beneficiary's rights and remedies hereunder, which expenses may be estimated as to items to be expended after entry of any judgment or decree of foreclosure. Such expenses shall include: reasonable attorney's fees, appraiser's fees, outlays for documentary and expert evidence, stenographer's charges, publication costs, survey costs, and costs of procuring all abstract of title, title searches and examinations, title insurance policies, and any similar data and assurances with respect to title to the Property as Beneficiary may deem reasonably necessary either to prosecute any such proceeding or to evidence to bidders at any sale pursuant to such decree the true condition of the title to or value of the Premises or the Property. All such expenses shall be due and payable by Trustor upon demand with interest thereon at the Default Rate. 4.5 Beneficiary's Performance of Trustor's Obligations. Following the occurrence of an Event of Default and during the continuance thereof, Beneficiary, either before or after - 11 -