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<br />power of foreclosure or of sale provided for herein; and subsequent sales may be made hereunder until the
<br />entirety of the Mortgaged Property has been sold. Subject to the terms and restrictions herein contained,
<br />Beneficiary shall have the right to sell the Mortgaged Property, or any portion thereof, by private sale if,
<br />and to the extent that, such private sale is permitted under the laws of the applicable jurisdiction or by
<br />public or private sale after entry of a judgment by any court of competent jurisdiction so ordering.
<br />Beneficiary may adjourn from time to time any sale by it to be made under or by virtue of this Deed of
<br />Trust by announcement at the time and place appointed for such sale or for such adjourned sale or sales,
<br />and, except as otherwise provided by any applicable provisions of law or this Agreement, Beneficiary,
<br />without further notice or publication, may make such sale at the time and place to which the same shall be
<br />so adjourned. Notwithstanding anything herein to the contrary, the Beneficiary and Trustee shall not
<br />proceed with any sale of all or any portion of the Mortgaged Property without the prior written consent of
<br />the Beneficiary. At any such sale by virtue of any judicial proceedings, power of sale, or any other legal
<br />right, remedy or recourse, the title to and right of possession of any such property shall pass to the
<br />purchaser thereof, and to the fullest extent permitted by law, Grantor shall be completely and irrevocably
<br />divested of all of its right, title, interest, claim, equity, equity of redemption, and demand whatsoever,
<br />either at law or in equity, in and to the property sold and such sale shall be a perpetual bar both at law and
<br />in equity against Grantor, and against all other persons claiming or to claim the property sold or any part
<br />thereof, by, through or under Grantor. Beneficiary may be a purchaser at such sale. In the event this
<br />Deed of Trust is foreclosed by judicial action, appraisement of the Mortgaged Property is waived.
<br />If Beneficiary elects to sell Grantor's interest in the Mortgaged Property by exercise of the power
<br />of sale herein contained, Beneficiary shall notify Trustee in the manner then required by Nebraska law.
<br />Upon receipt of such notice of Beneficiary and at the direction of Beneficiary, Trustee shall
<br />cause to be recorded, published and delivered such notices of default and notices of sale as may then be
<br />required by law and by this Deed of Trust. Trustee shall, only at the direction of Beneficiary and without
<br />demand on Grantor, after such time as may then be required by law and after recordation of such notice of
<br />default and after notice of sale having been given as required by law, sell the Mortgaged Property at the
<br />time and place of sale fixed by it in such notice of sale, either as whole or in separate lots or parcels or
<br />items as Beneficiary shall deem expedient, and in such order as it may determine, at public auction to the
<br />highest bidder for cash in lawful money of the United States payable at the time of sale, or as otherwise
<br />may then be required by law. Trustee shall deliver to such purchaser or purchasers thereof its good and
<br />sufficient deed or deeds conveying the property so sold, but without any covenant or warranty, express or
<br />implied. The recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness
<br />thereof. Any person, including, without limitation, Grantor, Trustee or Beneficiary, may purchase at such
<br />sale. Trustee may in the manner provided by law postpone sale of all or any portion of the Mortgaged
<br />Property.
<br />(d) Receiver. Make application to a court of competent jurisdiction for, and obtain from
<br />such court as a matter of strict right and without notice to Grantor or regard to the adequacy of the
<br />Mortgaged Property for the repayment of the Obligations, the appointment of a receiver of the Mortgaged
<br />Property, and Grantor irrevocably consents to such appointment. Any such receiver shall have all the
<br />usual powers and duties of receivers in similar cases, including the full power to rent, maintain and
<br />otherwise operate the Mortgaged Property upon such terms as may be approved by the court, and shall
<br />apply such Rents in accordance with the provisions of Section 5.7.
<br />Section 5.2 Separate Sales. The Mortgaged Property may, upon the occurrence and during the
<br />continuance of an Event of Default, be sold in one or more parcels and in such manner and order as
<br />4837 - 9099- 7551.5
<br />(e) Other. Exercise all other rights and remedies available at law or in equity.
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