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2003o5O38 (d) to apply for the appointment of a receiver, supervisor, trustee, liquidator, conservator or other custodian (a "Receiver ") of the Trust Property or any part thereof and all earnings, revenues, Rents, issues, profits and income thereof, to the extent permitted by law, without giving notice to any other party and without regard to the adequacy or inadequacy of the security of the Trust Property or the solvency of either Grantor or any other Person and the Grantor agrees that it shall not oppose the appointment of a Receiver; and (e) to take all such other steps and to assert all such other rights and remedies as shall be permitted by applicable law. In the case of the exercise of any of the foregoing remedies (or commencement thereof or preparation therefor) of this Deed of Trust, all expenses of every kind paid or incurred by the Beneficiary for enforcement, protection or collection, including reasonable costs, attorneys' fees, stenographers' fees, costs of advertising, costs of documentary evidence of title (including title searches and insurance) and all other related charges and costs, shall be paid by the Grantor. The purchase money, proceeds or avails of any foreclosure or sale after default and any other sums which then may be held by the Beneficiary under this Deed of Trust shall be applied: first, to the payment of said costs, fees and expenses of the Beneficiary; and second, as provided in Section 14 of the Pledge Agreement. The balance, if any, shall be paid to the Person or Persons legally entitled thereto. Section 5.05. Performance Of Contracts. While an Event of Default has occurred and is continuing, the Beneficiary may notify any Person obligated to the Grantor on a Contract for Sale to tender performance directly to the Beneficiary at the expense of the Grantor and advance such sums as are necessary or appropriate to satisfy the Grantor's obligations thereunder. Section 5.06. No Liability On Trustee or Beneficiary. Notwithstanding anything contained herein, this Deed of Trust is only intended as security for the Secured Obligations and neither the Beneficiary nor any Secured Party shall be obligated to perform or discharge, and neither the Beneficiary nor any Secured Party hereby undertakes to perform or discharge, any obligation, duty or liability of the Grantor with respect to any of the Trust Property. Neither the Beneficiary nor any Secured Party shall have responsibility for the control, care, management or repair of the Property nor shall the Beneficiary or any Secured Party be responsible or liable for any negligence in the management, operation, upkeep, repair or control of the Property resulting in loss or injury or death to any licensee, employee, tenant or stranger. No liability (except for gross negligence or willful misconduct) shall be enforced or asserted against the Beneficiary in its exercise of 29 (NY) 04675 / 120 /REAUNEBRASKA/form.dot.NE.doc