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�O11U�68� (c) deliver to Trustee a written declaration of default and demand for sale and a written notice of default and election to cause Trustor's interest in the Trust Estate to be sold, which notice Trust� shall cause to be duly filed for re�ord in the appropriate offices of the County in which the Trust EstaYe is located; or (d) exercise such other rights or remedies at law or in equity. 11. Foreclosure by Power of Sal� If Beneficiary elects to foreclose by exercise of the Power of Sa1e herein contained, Beneficiary shall notify Trustee and shall deposit with Trustee this Second Desd of Trust and any note evidencing the Indebtedness and such receipts and evidence of expenditures made and s�ured hereby as Trustee may require. (a) Upon receipt of such notice from Beneficiary, Trustee shall cause to be recorded, published and delivered to Trustor such Norice of Default and Norice of Sale as then required by law and by this Second Deed of Trust. Trustee shall, without demand on Trustor, after such time as may then be required by law and after re�ordation of such Notice of Default and after Notice of Sale having been given as required by law, sell the Trust Estate at the time and place of sale fixed by it in such Norice of Sale, either as a whole, or in separate lots or parcels or items as Trustee shall deem expedient, and in such order as it may determine, at public auction to the highest bidder for cash in lawful money of the United States payable at the time of sale. Trustee sha11 deliver to such purchaser or purchasers thereaf its good and sufficient dced or deeds conveying the properiy so sold, but without any covenant or warranty, express or implied The recitals in such deed of any matteis or facts shall be conclusive proof of the truthfulness thereof. Any person, including without limitation Trustor, Trustee or Beneficiary, may purchase at such sale. (b) As may be pernutted by law, after deducting all costs, fees and expenses of Trustee and of this Trust, including costs of evidence of ritle in conn�tion with sale, Trustee sha11 apply the proceeds of sale to payment of (i) the Indebtedness (ii) all other sums then secured hereby, and (iii) the remainder, if any, to the person or persons legally enritled thereto. (c) Trustee may in the manner provided by law postpone sale of all or any portion of the Trust Estate. (d) Any person (including his successor and assigns) receiving Ntle to the Property through foreclosure or deed in lieu of foreclosure shall receive title to such property free and clear of any collateral agreements restricting the use of such properiy. (e) If any holder of the First Dezd of Trust (the "Senior Lien Holde�") shall acquire title to the Properiy pursuant to a deed in lieu of foreclosure, the lien of this Second Deed of Tnist sha11 automatically terminate upon the Senior Lien Holder's acquisition of ritle, provided that (i) Beneficiary has been given written notice of a default under the First Deed of Trust and (ii) Beneficiary shall not have cured the default under the First Deed of Trust within 30 days of the norice sent to Beneficiary. l2. Remedies Not Exclusive Truste� and Beneficiary, and each of them, sha11 be enritled to enforce payment and performance of any indebtedness or obligations secured hereby and to exercise a11 rights and powecs under this Second Deed of Trust or under any Loan Instrument or other agr�ment or any laws now or hereafter in force; notwithstanding, some or all of the such indebtedness and obligarions secured hereby may now or hereafter be otherwise secured, whether by mortgage, deed of trust, pledge, lien, assignment or othetwise. Neither the acceptance of this Second Deed of Trust nor its enforcement, whether by court acrion or pursuant to the power of sale or other powers herein contained, shall prejudice or in any manner affect Trustee's or Beneficiary's right to realize upon or enforce any other security now or hereafter held by Trustee or Beneficiary, it being agreed that Trustee and Beneficiary, and each of them, shall be entitled to enforce this Second D�d of Trust and any other security now or hereafter held by Beneficiary or Trustee in such order and manner as they or either of them may in their absolute discretion determine. No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive of any other remedy herein or by law pmvided or permitted, but each shall be cumulative and shall be in addirion to every other remedy given hereunder ar now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Loan Instruments to Trustee ar Beneficiary or to which either of them may be otherwise entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Trust� or Beneficiary and either of them may pursue inconsistent remedies. Nothing herein sha11 be constnted as prohibiting Beneficiary from seeking a deficiency judgment against the Trustor to the extent such action is permitted by law. 13. Request For Notic� Trustor and a11 other parties set forth herein hereby requests a copy of any Notice of 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 Deed of Trust. 14. Governing Law This Second Deed of Trust shall be governed by and construed in accordance with the laws of the State of Nebraska. In the event that any provision or clause of any of the Loan Instruments conflicts with applicable laws, 3718.CV (8/11) 906228 4 NIFA HBA Loan/Form H (08/10) co�rocom�s�o�