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•-,� �� P RE-RECOR�f� �:g � 0� 10 4 913 20�1�5�3� constitutes "reasonable notification" within the meaning of applicable provisions of the Uniform Commercial Code, except that shorter or no notice shall be reasonable as to any Collateral which is perishable or threatens to decline speedily in value or is of a type customarily sold on a recognized market. Beneficiary may proceed under this Deed of Trust solely as to the real property interests, or solely as to the personal property interests, or as to both the real and personal property iriterests in accordance with its rights and remedies in respect ofthe real property interests. (k) Lawsuits. Beneficiary may institute suits for collection of the Obligations, the specific performance of any covenant or agreement herein contained or in aid of the execution of any power herein granted. Beneficiary may commence an action against Trustor under Nebraska law for the recovery of any balance due under the Credit Documents which was not retired as a result of the exercise of any foreclosure proceedings or the power of sale granted herein. (I) Termination of Commitment to Lend. Beneficiary may terminate any commitment or obligation to lend or disburse funds under any Credit Document. (m) Other Rights and Remedies. Beneficiary may exercise any and all other rights and remedies which Beneficiary may have under the Credit Documents, under applicable law or otherwise. The enumeration of the availability of specific remedies in the event of default shall not impair the demand nature of any of the Obligations which by its terms or otherwise is payable on demand. Beneficiary's rights are cumularive and may be exercised together, separately and in any order. In the event that Beneficiary institutes an action seeking the recovery of any of the Mortgaged Property by way of a pre judgment remedy in an action against Trustor, Trustor waives the posring of any bond which might otherwise be required. Section 5.2 Proceeds of Foreclosure. Subject to applicable law, the proceeds of any sale held at the instance of the Beneficiary in foreclosure of the liens and security interests evidenced hereby sha11 be applied in such order or priority as the Beneficiary may elect, in its sole discretion, which may include the applicarion thereof in accordance with the following: FIRST, to the payment of all necessary costs and expenses incident to such foreclosure sale, including but not limited to all reasonable attomeys' fees and legal expenses, all court costs, commissions and charges of every character, and to the payment of the other Obligations, including specifically without limitation the principal, accrued interest, prepayment premium and attomeys' fees due and unpaid on the Obligarions and the amounts due and unpaid and owed to Beneficiary under this Deed of Trust, the order and manner of applicarion to the terms in this clause FIRST to be in Beneficiary's sole discrerion; and SECOND, the remainder, if any there shall be, shall be paid to Trustor, or to Trustor's heirs, representatives, successors or assigns, or such other persons (including the holder of any inferior lien) as may be entitled thereto by law; provided, however, that if Beneficiary is uncertain which person or persons are so entitled, Beneficiary may commence appropriate proceedings with respect to such remaiader in any court of competent jurisdiction, and the amount of any attorneys' fees, court costs and expenses incurred in such action shall be a part of the Obligations and shall be reimbursable (without limitation) from such remainder. Section 5.3 Remedies Cumulative. All rights and remedies provided for herein and in any other Credit Document are cumularive of each other and of any and a11 other rights and remedies available under the law, and Beneficiary sha11, in addition to the rights and remedies provided herein or in any other Credit Document, be entitled to avail itself of a11 such other rights and remedies as may now or hereafter exist under applicable law for the collection of the Obligations and the enforcement of the covenants herein and the foreclosure of the liens and security interest evidenced hereby, and the resort to any right or remedy provided for hereunder or under any such other Credit Document or provided under applicable law shall not prevent the concurrent or subsequent employment of any other appropriate right or rights or remedy or remedies. Section 5.4 Beneficiary's Discretion as to Security. Beneficiary may resort to any security given by this Deed of Trust or to any other security now existing or hereafter given to secure the payment of the Obligations, in whole or in part, and in such portions and in such order as may seem best to Beneficiary in its sole and uncontrolled discretion, and any such action shall not in anyway be considered as a waiver of any rights, benefits, liens or security interest evidenced by this Deed of Trust. DOCS/1045503.1 15