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20090~~04
<br />11. Foreclosgre by Power aJSul~ If Beneficiary elects to foreclose by exercise of the Power of Sale herein
<br />contained, Beneficiary shall notify Trustee and shall deposit with Trustee this Second Deed of Trust and any note evidencing the
<br />Indebtedness and such receipts and evidence of expenditures made and secured hereby as Trustee iitay require.
<br />(a) Upon receipt of such notice from Beneficiary, Trustee shall cause to be recorded, published and
<br />delivered to Trustar such Notice of Default and Notice of Sale as then required by law and by this Second Deed of
<br />Trust. Trustee shall, without demand on Truster, after such time as may then be required by law and after recordation
<br />of such Notice of Default and after Notice of Sale having been given as required by law, sell the Trust) :,state at the time
<br />and place of sale fixed by it in such Notice of Sate, either as a whale, or in separate lots nr parcels or items 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 payable at the time of sale. Trustee shall deliver to such purchaser or purchasers thereof its
<br />good and sufficient deed ar deeds conveying the property so sold, but without any covenant ar warranty, express air
<br />implied. The recitals in such deed of any matters nr facts shall be conclusive proof of the Truthfulness thereof. Any
<br />person, including without limitatiim Truster, Trustee or Beneficiary, may purchase at such sale.
<br />(b) As may be permitted by law, after deducting all costs, fees and expenses of Trustee acid of this
<br />Tivst, including costs of evidence of title in connection with sale, Trustee shall apply the proceeds of sale to payment of
<br />(i) the Indebtedness (ii) all other suites then secured hereby, and (iii) the remainder, if any, to the person or persons
<br />legally entitled thereto.
<br />(c) Trustee may in the manner provided by law postpone sale of all or any partion of the Trust Estate,
<br />(d) Any person (including his successor and assigns) receiving title to the Property through fareclasure
<br />or deed in lieu of foreclosure shall receive title to such praperty free and clear of any collateral agreements restricting
<br />the use of such property.
<br />(e) if any holder of the First Dear of Trust (the "Senior Lien Hnlder'~ shall acquire title to the Property
<br />pursuant to a deed in lieu of foreclosure, the lien of this Second Deed of Trust shall automatically terminate upon the
<br />Senior Lien Holder's acquisition of title, provided that (i) Beneficiary has been given written notice of a default under
<br />the First Deed of Trust and (ii) Beneficiary shall not have cured the default under the First Deed of Tnist within 30 days
<br />of the notice sent to Beneficiary.
<br />12. Re-nedies Not F..zcl'esive: Trustee and Beneficiary, and each of them, shall be entitled to enforce payment
<br />and performance of any indebtedness or obligations secured hereby and to exercise all rights and powers under this Second Deed
<br />of Trust or under any Loan Instrument ar other agreement or any laws now or hereafter in farce; notwithstanding, some ar all of
<br />the such indebtedness and obligations secured hereby may now or hereafter be ptherwise secured, whether by mortgage, deed of
<br />trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Second Deed of Trust nor its enforcement, whether by
<br />court action ar pursuant to the power of sale or other powers herein contained, shall prejudice nr in any manner aft'ect Trustee'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 />agreed that Trustee and Beneficiary, and each of them, shall be entitled to enforce this Second Deed of Tnist and any other
<br />security now ar hereafter held by Beneficiary or Trustee in such order and manner as they nr either of them may in their absolute
<br />discretion determine. No remedy herein conferred upon ar reserved to Trustee or Beneficiary is intended to be exclusive of any
<br />other remedy herein ar by law provided ar permitted, but each shall be cumulative and shall be in addition to every other remedy
<br />given hereunderr ar now ar hereafter existing at law or in equity ar by statute. Every power or remedy given by any of the Lean
<br />Instruments to Trustee or Beneficiary or to which either of them may be otherwise entitled, may be exercised, concurrently or
<br />independently, from trine to time and as often as may be deemed expedient by Trustee or Beneficiary and either of them may
<br />pursue inconsistent remedies. Nothing herein shall be construed as prohibiting Beneficiary from seeking a deficiency judgment
<br />against the Trustar to the extent such action is permitted by law.
<br />13. Request Fnr Natic~ Truster and all other panties set forth herein hereby requests a copy of any Notice pf
<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 Second
<br />Deed of Trust.
<br />14. Governfng Lcrw. This Second Deed of Trust shall be governed by and construed in accordance with the laws
<br />of the State of Nebraska. In the event 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 be given effect without the conflicting
<br />provision, and to this end the provisions of the Loan Instruments are declared to be severable. This instrument cannot be waived,
<br />changed, discharged or terminated orally, but only by an instrument in writing signed by the party against whom enforcement of
<br />any waiver, change, discharge ar termination is sought.
<br />4 NTF'A ABC Laan/Form K
<br />~~ (b/09)
<br />4834-33$7-1875.3
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