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2016053 theretofore or thereafter occurring or affect any notice of default hereunder or invalidate any act done pursuant to any such notice. Notwithstanding Beneficiary's continuance in possession or receipt and application of Rents, Beneficiary may exercise every right provided for in this Deed of Trust or by law upon or after the occurrence of an Event of Default. Any of the actions referred to in this paragraph may be taken by Beneficiary at such time as Beneficiary is so entitled without regard to the adequacy of any security for the Secured Obligations. (b) Beneficiary shall, without regard to the adequacy of any security for the Obligations, be entitled to the immediate ex parte appointment of a receiver by any court having jurisdiction, without notice, to take possession of and protect the Property and operate the same and collect the Rents therefrom. (c) Beneficiary may elect to dispose, or cause Trustee to dispose, of any of the Personalty in any manner now or hereafter permitted by Article 9 of the UCC or in accordance with any other remedy provided by law. Any such disposition may be either public or private as Trustee or Beneficiary may so elect, subject to the provisions of the UCC. Trustee or Beneficiary shall give Trustor at least ten days' prior written notice of the time and place of any public sale or other disposition of such property or of the time at or after which any private sale or any other intended disposition is made. Trustor agrees that such ten day notice constitutes reasonable notice of such sale. (d) Beneficiary may authorize Trustee to exercise the power of sale granted herein, and thereafter Trustee shall foreclose this Deed of Trust in accordance with the Nebraska Trust Deeds Act (as the same may be amended from time to time). (e) This instrument shall be effective as a mortgage as well as a deed of trust, and upon the occurrence of an Event of Default, Beneficiary may elect to foreclose this Deed of Trust as to any of the Property in any manner permitted by the laws of the State of Nebraska, and any foreclosure suit may be brought by Trustee or by Beneficiary. Beneficiary shall have the right to become the purchaser at any sale held by Trustee or by any receiver or public officer, and Beneficiary shall have the right to credit upon the amount of the bid made therefor, to the extent necessary to satisfy such bid, the Secured Obligations owing to Beneficiary, or if Beneficiary holds less than all of such indebtedness, the pro rata part thereof owing to Beneficiary, accounting to all other beneficiaries or noteholders not joining in such bid in cash for the portion of such bid or bids apportionable to such nonbidding beneficiary or noteholder. Trustor has no right to purchase the Property or any portion thereof at any sale. Section 6.03. Application of Proceeds. The proceeds of any sale or disposition hereunder, together with any other sums that then may be held by Trustee or Beneficiary under this Deed of Trust, whether under the provisions of this paragraph, or otherwise, shall be applied as follows: FIRST, to the expenses of such sale or disposition together with Trustee's fees and reasonable attorneys' fees and expenses, Beneficiary's costs and the actual cost of publishing, recording, mailing, and posting notice; SECOND, to the cost of any search or other evidence of title procured in connection therewith, if applicable, and recordation and transfer taxes and other charges, if any, on any release or deed of reconveyance; THIRD, to the payment of all Secured Obligations and all other sums due Beneficiary from Trustor; FOURTH, to all other sums secured FNBO /Nova -Tech Deed of Trust DOCS/1660316.5 12