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NAI- 1502659666v3 201703609 (b) The failure of Grantor to perform or observe any other covenant, agreement, representation, warranty or other provision contained in this Security Instrument within thirty (30) days after written notice of the default from Grantee to Grantor. 4.02 Remedies. Following the occurrence of an Event of Default: (a) Grantee's Power of Enforcement. Grantee may (i) execute a written notice of default and of its election to cause the Property to be sold in the manner provided in the Nebraska Trust Deeds Act to satisfy the Secured Indebtedness. As a condition precedent to any such sale, Trustee shall give and record such notice as the law then requires. When the minimum period of time required by law after such notice has elapsed, Trustee, without notice to or demand upon Grantor except as required by law, shall sell the Property at the time and place of sale fixed by it in the notice of sale, at one or several sales, either as a whole or in separate parcels and in such manner and order, all as Grantee in its sole discretion may determine, at public auction to the highest bidder for cash, in lawful money of the United States, payable at time of sale. Neither Grantor nor any other person or entity other than Grantee shall have the right to direct the order in which the Property is sold. Subject to requirements and limits imposed by law, Trustee may from time to time postpone sale of all or any portion of the Property by public announcement at such time and place of sale. Trustee shall deliver to the purchaser at such sale a deed conveying the Property or portion thereof so sold, but without any covenant or warranty, express or implied. The recitals in the deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any person, including, to the extent and under such circumstances as are permitted by applicable law, Trustee, Grantor or Grantee, may purchase all or any portion of the Property at the sale. Grantee may apply to a court of competent jurisdiction for and obtain the ex parte appointment of a receiver of the Property as a matter of strict right and without regard to the adequacy of the security for the repayment of the Secured Indebtedness, the existence of a declaration that the Secured Indebtedness is immediately due and payable, or the filing of a notice of default, and Grantor hereby consents to ex parte appointment of a receiver and waives notice of any hearing or proceeding for such appointment. The receiver, out of the Rents, when collected, may pay costs incurred in the management and operation of the Property, prior and subordinate liens, if any, and taxes, assessments, water and other utilities and insurance, then due or thereafter accruing, and may make and pay for any reasonably necessary repairs to the Property, and may pay all or any part of the Secured Indebtedness or other sums secured hereby or any deficiency decree entered in such foreclosure proceedings. Upon or at any time after the filing of a suit to foreclose this Security Instrument, the court in which such suit is filed shall have full power to enter an order placing Grantee in possession of the Property with the same power granted to a receiver pursuant to this subsection and with all other rights and privileges of a mortgagee -in- possession under applicable law. Upon sale of the Property at any foreclosure sale, Grantee may credit bid (as determined by Grantee in its sole and absolute discretion) all or any portion of the Secured Indebtedness. In determining such credit bid, to the extent permitted by law, Grantee may, but is not -10-