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2oiooo751
<br />may, in its discretion, deem proper; (B) to enforce, cancel ar modify any Tower
<br />Lease or other agreement to which Mortgagor is a party, and (C) generally to
<br />execute, do and perform any other act, deed, matter or thing concerning the
<br />Mortgaged Property as Agent shall deem appropriate as fully as Mortgagor might
<br />do.
<br />(b) Foreclosure by exercise of the power of sale through the Trustee will be
<br />initiated by Agent's filing of its notice of election and demand for sale with Trustee. Upon the
<br />filing of such notice of election and demand for sale, Trustee shall promptly comply with all
<br />notice and other requirements of the laws of Nebraska then in force with respect to such sales.
<br />Any sale conducted by Trustee pursuant to this section shall be held at the front door of the
<br />county courthouse for such County, or on the Mortgaged Property, or at such other place as
<br />similar sales are then customarily held in such County, provided that the actual place of sale shall
<br />be specified in the notice of sale. The Agent may bid for and acquire the Mortgaged Property at
<br />such sale and in lieu of paying cash therefor may make settlement for the purchase price by
<br />crediting the obligations upon the net sale price after deducting therefrom the expenses of the
<br />sale and the costs of the action and any othex sums which the Agent is authorized to deduct under
<br />this Deed of Trust. The Trustee shall, out of the proceeds or avails of such sale, after first paying
<br />and retaining all fees, chaxges and costs of making said sale, pay to the Agent hereunder the
<br />principal, interest and other amounts due under the Credit Agreements or other Lender
<br />Agreement according to the tenor and effect thereof, and al] moneys advanced by such Agent for
<br />insurance, taxes and assessments, with interest thereon at $.625 per cent per annum, rendering .
<br />the overplus, if any, unto the Mortgagor, its legal representatives, successors, or assigns. At the
<br />conclusion of any foreclosure sale, the officer conducting the sale shall execute and deliver to the
<br />purchaser at the sale a certificate of purchase, which shall describe the property sold to such
<br />purchaser and shall state that upon the expiration of the applicable periods for redemption, the
<br />holder of such certificate will be entitled to a deed to the property described in the certificate.
<br />After the expiration of all applicable periods of redemption, unless the property sold has been
<br />redeemed by Mortgagor, the officer who conducted such sale shall, upon request, execute and
<br />deliver an appropriate deed to the holder of the certificate of purchase or the last certificate of
<br />redemption, as the case may be, and such deed shall operate to divest Mortgagor and all persons
<br />claiming under Mortgagor of all right, title and interest, whether legal or equitable, in the
<br />property described in the deed. Said sale or sales and said deed or deeds so made shall be a
<br />perpetual bar, both in law and equity, against the Mortgagor, its successors and assigns, and all
<br />other persons claiming the said property, or any part thereof, by, from, through or under the
<br />Mortgagor, ar any of them. Nothing in this section dealing with foreclosure procedures or
<br />specifying particular actions to be taken by Agent or Trustee or any similar officer shall be
<br />deemed to contradict or add to the requirements and procedures now or hereafter specified by
<br />Nebraska law, and any such inconsistency shall be resolved in favor of Nebraska law applicable
<br />at the time of foreclosure, Each remedy provided in this instrument is distinct from and
<br />cumulative with all other rights and remedies provided hereunder or afforded by applicable law
<br />ar equity, and may be exercised concurrently, independently ar successively, in any order
<br />whatsoever.
<br />(c) In case of a foreclosure sale, the Mortgaged Property may be sold, at
<br />Agent's election, in one parcel or in more than one parcel and Agent is specifically empowered
<br />41BD/1907386.1 1 ~
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