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20100595E law to Borrower and to the other persons prescribed by applicable law. Trustee shall give notice of sale and Trustee shall sell the Property according to the laws of Nebraska. Trustee may sell the Property at the time and place and under the terms designated in the notice of sale in one or more parcels and in such order as Trustee may determine. Trustee may postpone sale of all or any part of the Property by public announcement at the time and place of any previously scheduled sale. Lender or Lender's designee may purchase the Property at any sale, (b) Trustee shall deliver to the purchaser at the sale, within a reasonable time after the sale, a Trustee's deed conveying the Property so sold without any covenant or warranty, express or implied. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale in the following order: (i) to all costs and expenses of the sale, including Trustee's fees of not mare than five percent (5%) of the gross sale price, attorneys' fees and costs of title evidence; (ii) to the sums secured by this Security Instrument in such order as Lender, in Lender's discretion, directs; and (iii) the excess, if any, to the person or persons legally entitled thereto. (c) The exercise of any right or remedy with respect to any part of the Property shall not affect the availability of any other of Lender's rights and remedies under the Uniform Commercial Code, other applicable law or this Security Instrument. All expenses (including any receivers' fees, attorneys' fees, costs and agents' compensation) incurred by Lender pursuant to the powers herein contained shall be secured hereby and shall bear interest from the date incurred at the rate provided in the Loan Agreement and the Note until paid by Borrower. Section 11.'7. OTHER RIGHTS, ETC. (a) The failure of Lender to insist upon strict performance of any term hereof shall not be deemed to be a waiver of any term of this Security Instrument. Borrower shall not be relieved of Borrower's obligations hereunder by reason of (i) the failure of Lender to comply with any request of Borrower to take any action to foreclose this Security Instrument or otherwise enforce any of the provisions hereof or of the Loan Agreement, the Note or the Other Security Documents, (ii) the release, regardless of consideration, of the whole or any part of the Property, or of any person liable for the Debt or any portion thereof, or (iii) any agreement or stipulation by Lender extending the time of payment or otherwise modifying or supplementing the terms of the Loan Agreement, the Note, this Security Instrument or the Other Security Documents. (b) It is agreed that the risk. of loss or damage to the Praperty is on Borrower, and Lender shall have no liability whatsoever for decline in value of the Property, far failure to maintain insurance, or for failure to determine whether insurance in force is adequate as to the amount of risks insured. Possession by Lender shall not be deemed an election of judicial relief, if any such possession is requested or obtained, with respect to any Property or collateral not in Lender's possession. (c) Lender may resort for the payment of the Debt to any other security held by Lender in such order and manner as Lender, in its discretion, may elect. Lender may take action to recover the Debt, or any portion thereof, or to enforce any covenant hereof without prejudice to the right of Lender thereafter to foreclose this Security Instrument. The 7088330v3 1