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200305038 purchase price by causing the Secured Parties to credit against the Secured Obligations, including the expenses of the sale and the cost of any enforcement proceeding hereunder, the amount of the bid made therefor to the extent necessary to satisfy such bid. (h) In the event that the Grantor or any Person claiming by, through or under the Grantor shall transfer or fail to surrender possession of the Trust Property after any sale thereof, then the Grantor or such Person shall be deemed a tenant at sufferance of the purchaser at such sale, subject to eviction by means of forcible entry and unlawful detainer proceedings, or subject to any other right or remedy available hereunder or under applicable law. (i) Upon any sale, it shall not be necessary for the Person conducting such sale to have any Trust Property being sold present or constructively in its possession. (j) To the extent permitted under applicable law, in the event that a foreclosure hereunder shall be commenced by the Beneficiary, the Beneficiary may at any time before the sale abandon the sale, and may institute suit for the collection of the Secured Obligations or for the foreclosure of this Deed of Trust; or in the event that the Beneficiary should institute a suit for collection of the Secured Obligations or the foreclosure of this Deed of Trust, the Beneficiary may at any time before the entry of final judgment in said suit dismiss the same and sell the Trust Property in accordance with the provisions of this Deed of Trust. ARTICLE 6 GENERAL Section 6.01. Security Agreement. (a) This Deed of Trust, to the extent that it covers items of personal property which are to become fixtures or other personal property, shall also be construed as a security agreement under the UCC and, while an Event of Default has occurred and is continuing, the Beneficiary shall be entitled with respect to such personal property to all remedies thereunder and all other applicable remedies. Without limiting the foregoing, any personal property may, at Beneficiary's option, (i) be sold hereunder, (ii) be sold pursuant to the UCC or (iii) be dealt with by the Beneficiary in any other manner permitted under applicable law. The Beneficiary may require the Grantor to assemble the personal property and make it available to the Beneficiary at a place to be designated by the Beneficiary. If an Event of Default has occurred and is continuing, the Beneficiary shall be the attorney -in -fact (coupled with an interest) of the Grantor with respect to any and all matters pertaining to the personal property with full power and authority to give instructions with respect to the collection and remittance of payments, to endorse checks, to enforce the rights and remedies of the Grantor and to execute on behalf of the Grantor and in the Grantor's name any instruction, agreement or other writing required therefor. The Grantor acknowledges and agrees that a disposition of the personal property in 34 (NY) 04675/ 120 /REAUNEBRASKA/form.dot.NE.doc