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FNBO /Nova -Tech Leasehold Deed of Trust DOCS/1660400.5 12 201605328 without further notice or demand. In addition, irrespective of whether Beneficiary exercises said option, it may exercise any and all rights and remedies available to a mortgagee or secured party at law or in equity, including but not limited to the following: (a) Beneficiary may enter upon, take immediate possession of, manage, and operate the Property or any part thereof; make repairs and alterations and do any acts that Beneficiary deems reasonably proper and necessary or advisable to protect the security hereof, including but not limited to those granted Beneficiary pursuant to the other Loan Documents; and either with or without taking possession, in its own name, sue for or otherwise collect and receive Rents, including those past due and unpaid, and apply the same, less costs and expenses of operation and collection, including reasonable attorneys' fees and Beneficiary's costs, upon the Secured Obligations and in such order as Beneficiary may determine. Upon request of Beneficiary, Trustor shall assemble and make available to Beneficiary at the Land any of the Personalty that has been removed therefrom. The entering upon and taking possession of the Property, the collection of any Rents, and the application thereof as aforesaid shall not cure or waive any default 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