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<br />trust deed, third, to the payment of junior trust deeds, mortgages or other liens, and the
<br />balance, if any, to the person or persons legally entitled thereto.
<br />(c) Trustor agrees, for itself and any and all persons or concerns claiming by,
<br />through or under Trustor, that if it, or any one or more of them, shall hold possession of
<br />the above described property, or any part thereof, subsequent to foreclosure hereunder, it,
<br />or the parties so holding possession, shall become, and be considered as, tenants at will of
<br />the purchaser or purchasers at such foreclosure sale; and any such tenant failing or
<br />refusing to surrender possession upon demand shall be guilty of forcible detainer and
<br />shall be liable to such purchaser or purchasers for reasonable rental of the Real Estate,
<br />and shall be subject to eviction and removal, forcible or otherwise, with or without
<br />process of law, and all damages which may be sustained by any such tenant as a result
<br />thereof being hereby expressly waived.
<br />Section 5.03. Appointment of Receiver. If an Event of Default shall have occurred,
<br />Beneficiary, as a matter of right and without notice to Trustor or anyone claiming under Trustor,
<br />and without regard to the then value of the Mortgaged Property or the interest of Trustor therein,
<br />shall have the right to apply to any court having jurisdiction to appoint a receiver or receivers of
<br />the Mortgaged Property and Trustor hereby irrevocably consents to such appointment and waives
<br />notice of any application therefor. Any such receiver or receivers shall have all the usual powers
<br />and duties of receivers in like or similar cases.
<br />Section 5.04. Remedies Not Exclusive. Beneficiary shall be entitled to enforce
<br />payment and performance of any Secured Obligations hereby and to exercise all rights and
<br />powers under this Deed of Trust or under any Loan Documents, or the provisions of the
<br />Nebraska Trust Deeds Act, as now enacted or subsequently amended, any other laws now or
<br />hereafter in force, notwithstanding some or all of the Secured Obligations may now or hereafter
<br />be otherwise secured, whether by mortgage, deed of trust, pledge, lien, assignment or otherwise.
<br />Neither the acceptance of this Deed of Trust nor its enforcement, whether by court action or
<br />pursuant to the power of sale or other powers herein contained, shall prejudice or in any manner
<br />affect Beneficiary's right to realize upon or enforce any other security now or hereafter held by
<br />Beneficiary, it being agreed that Beneficiary shall be entitled to enforce this Deed of Trust and
<br />any other security now or hereafter held by Beneficiary in such order and manner as it may in its
<br />absolute discretion determine. No remedy herein conferred upon or reserved to Beneficiary is
<br />intended to be exclusive of any other remedy given hereunder or now or hereafter existing at law
<br />or in equity or by statute. Every power or remedy given by any of the Loan Documents to
<br />Beneficiary, or to which Beneficiary may be otherwise entitled, may be exercised, concurrently
<br />or independently, from time to time and as often as may be deemed expedient by Beneficiary.
<br />Beneficiary may pursue inconsistent remedies.
<br />The acceptance by Beneficiary of any sum after the same is due shall not constitute a
<br />waiver of the right either to require prompt payment, when due, of all other sums hereby secured
<br />or to declare a default as herein provided. The acceptance by Beneficiary of any sum in an
<br />amount less than the sum then due shall be deemed an acceptance on account only and upon
<br />condition that it shall not constitute a waiver of the obligation of Trustor to pay the entire sum
<br />then due, and failure of Trustor to pay such entire sum then due shall be and continue to be an
<br />Event of Default notwithstanding such acceptance of such amount on account, as aforesaid.
<br />Beneficiary or Trustee shall be, at all times thereafter and until the entire sum then due shall have
<br />been paid, and notwithstanding the acceptance by Beneficiary thereafter of further sums on
<br />account, or otherwise, entitled to exercise all rights in his instrument conferred upon them or
<br />either of them, and the right to proceed with a sale under any notice of default or an election to
<br />sell, or the right to exercise any other rights or remedies hereunder, shall in no way be impaired,
<br />whether any of such amounts are received prior or subsequent to such proceeding, election or
<br />exercise. Consent by Beneficiary to any action or inaction of Trustor which is subject to consent
<br />or approval of Beneficiary hereunder shall not be deemed a waiver of the right to require such
<br />consent or approval to future or successive actions or inactions.
<br />ARTICLE VI
<br />MISCELLANEOUS
<br />Section 6.01. Governing Law. This Deed of Trust shall be governed by the laws state
<br />in which the Property is located. In the event that any provision or clause of this Deed of Trust
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