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202107049 Section 4.04. Power of Sale. Beneficiary may elect to cause the Property, or any part thereof; to be sold as follows: (a) If Beneficiary elects to exercise its power of sale with respect to the Property, or any part thereof, Trustee shall record a notice of default in each county in which any part of such Property is located and shall mail copies of such notice in the manner prescribed by applicable law to Borrower and to other persons prescribed by applicable law. After the time required by applicable law, Trustee shall give public notice of the sale to the persons and in the manner prescribed by applicable law. Trustee, without demand on Borrower, shall sell such Property at public auction to the highest bidder at the time and place and under the terms designated in the notice of sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale of all or any part of the Property in accordance with the provisions of applicable law. Any person, including, without limitation, Trustee, Beneficiary or its designee, may purchase at any such sale. Upon receipt of the price bid, Trustee shall deliver to the purchaser a Trustee's Deed conveying the Property sold. The recitals in Trustee's Deed of any matter of fact shall be conclusive proof of the truthfulness thereof. (b) Should Beneficiary elect to cause the disposal of any of the Property subject to the security agreement in Section 1.07, it may dispose of any part thereof in any manner now or hereafter permitted by the Uniform Commercial Code of the State of Nebraska in accordance with any other remedy provided by law. Any such disposition may be conducted by an employee or agent of Beneficiary or Trustee. Both Trustee and Beneficiary shall be eligible to purchase any part or all of such Property at any such disposition. Any such disposition may be either public or private as Beneficiary may elect, subject to the provisions of the Uniform Commercial Code of the State of Nebraska. Beneficiary shall have all of the rights and remedies of a secured party under the Uniform Commercial Code of the State of Nebraska. Expenses of retaking, holding, preparing for sale, selling or the like shall include Beneficiary's reasonable attorneys' fees and legal expenses, and upon such default, Borrower, upon demand of Beneficiary, shall assemble such Property and make it available to Beneficiary at the Premises, a place which is hereby deemed reasonably convenient to Beneficiary and Borrower. Beneficiary shall give Borrower at least 10 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 to be made, and if such notice is sent to Borrower, in the manner provided for the mailing of notices herein, it shall constitute reasonable notice to Borrower. (c) Trustee is hereby irrevocably appointed the true and lawful attorney-in-fact of Borrower in its name and stead to make all necessary conveyances, assignments, transfers and deliveries of the Property, or any part thereof, and the rights so sold, and, for that purpose, Trustee may execute all necessary instruments of conveyance, assignment and transfer, and may substitute one or more persons with like power, Borrower hereby ratifying and confirming all that its said attorney or any substitute or substitutes shall lawfully do by virtue hereof. Nevertheless, Borrower, if so requested by Trustee or Beneficiary, shall ratify and confirm any such sale or sales by executing and delivering to Trustee or to such purchaser or purchasers all such instruments as may be advisable in the reasonable judgment of Trustee or Beneficiary, for the purpose as may be designated in such request. (d) Borrower hereby expressly waives any right which it may have to direct the order in which any of the Property shall be sold in the event of any sale or sales pursuant hereto. 9