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202305432 marketability or rentability of the Trust Estate, or any part thereof or interest therein, increase the income therefrom or protect the security hereof and with or without taking possession of the Trust Estate, sue for or otherwise collect the rents, issues and profits thereof, including those past due and unpaid, and apply the same, less costs and expenses of operation and collection, including attorney's fees, upon any indebtedness secured hereby, all in such order as Beneficiary may determine. The entering upon and taking possession of the Trust Estate, the collection of such rents, issues and profits and the application thereof as described above, shall not cure or waive any default or notice of default hereunder or invalidate any act done in response to such default or pursuant to such notice of default and, notwithstanding the continuance in possession of the Trust Estate or the collection, receipt and application of rents, issues or profits, Trustee or Beneficiary shall be entitled to exercise every right provided for in any of the Loan Instruments or by law upon occurrence of any Event of Default, including the right to exercise the Power of Sale; (b) Commence an action to foreclose this Deed of Trust as a mortgage, to seek deficiency on the indebtedness after the foreclosure without any limitation otherwise applicable under the Nebraska Trust Deeds Act, to appoint a receiver, and to otherwise specifically enforce any of the covenants or provisions hereof; (c) Deliver to Trustee a written declaration of default and demand for sale, and a written notice of default and election to cause Trustor's interest in the Trust Estate to be sold under the Power of Sale contained herein, which notice Trustee shall cause to be duly filed for record in the appropriate Official Records of the County in which the Trust Estate is located, all to the extent required by applicable law; (d) Pay such sums as it deems necessary to protect the Trust Estate and cure any default of the Trustor; and (e) Exercise all rights and remedies available to it at law, in equity or under the Nebraska Trust Deeds Act. 18. FORECLOSURE BY POWER OF SALE. Should Beneficiary elect to foreclose by exercise of the Power of Sale herein contained, Beneficiary shall notify Trustee and shall deposit with Trustee this Deed of Trust and the Note and such receipts or other evidence of expenditures made and secured hereby as Trustee may require. (a) Upon receipt of such notice from Beneficiary, Trustee shall cause to be recorded, published and delivered to Trustor such Notice of Default and Notice of Sale as then required by law and by this Deed of Trust. Trustee shall, without demand on Trustor, after such time as may then- be required by law and after recordation of such Notice of Default and after Notice of Sale having been given as required by law, sell the Trust Estate at the time and place of sale fixed by it in such Notice of Sale, either as a whole, or in separate lots, parcels or items as Trustee shall deem expedient, and in such order as it may determine, at public auction to the highest bidder for cash in lawful money of the United States, or certified check, payable at the time of sale. Trustee shall deliver to such purchaser or purchasers thereof its good and sufficient trustee's deed conveying the property so sold, but without any covenant or warranty, express or implied. The recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any person, including, without limitation, Trustor, Trustee or Beneficiary, may purchase at such sale. Trustor hereby covenants to forever warrant and defend the title of such purchaser or purchasers of any of the Trust Estate so conveyed as if Trustor had conveyed the same to such purchaser(s) by general warranty deed. 7