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2OO21OO67 and without regard to the adequacy of the Property for the repayment of the indebtedness secured hereby or the solvency of Grantor or any Person liable for the payment of the indebtedness secured hereby, and Grantor does hereby irrevocably consent to such appointment, waives any and all notices of and defenses to such appointment and agrees not to oppose any application therefor by Beneficiary, but nothing herein is to be construed to deprive Beneficiary of any other right, remedy or privilege Beneficiary may now have under the law to have a receiver appointed, provided, however, that the appointment of such receiver, trustee or other appointee by virtue of any court order, statute or regulation shall not impair or in any manner prejudice the rights of Beneficiary to receive payment of the Rents pursuant to other terms and provisions of this Deed of Trust. Any such receiver shall have all of the usual powers and duties of receivers in similar cases, including, without limitation, the full power to hold, develop, rent, lease, manage, maintain, operate and otherwise use or permit the use of the Property upon such terms and conditions as said receiver may deem to be prudent and reasonable under the circumstances. Such receivership shall, at the option of Beneficiary, continue until full payment of all of the indebtedness secured hereby or until title to the Property shall have passed by foreclosure sale under this Deed of Trust or deed in lieu of foreclosure. (v) Foreclosure. Beneficiary may immediately commence an action to foreclose this Deed of Trust or to specifically enforce its provisions or any of the indebtedness secured hereby pursuant to the statutes in such case made and provided and sell the Property or cause the Property to be sold in accordance with the requirements and procedures provided by said statutes in a single parcel or in several parcels at the option of Beneficiary. Without limiting the generality of the foregoing, Beneficiary may: (a) Demand that the Trustee exercise the POWER OF SALE granted herein, and thereafter the Trustee shall cause the Trustor's interest in the Property to be sold and the proceeds to be distributed, all in the manner provided in the Nebraska Trust Deeds Act; (b) Commence an action in any court of competent jurisdiction to foreclose this Deed of Trust as a mortgage. (vi) Other. Beneficiary may exercise any other right or remedy available hereunder, under any of the other Loan Documents or at law or in equity. (c) Following any sale of the Property, or any part hereof, under the provisions of this instrument all persons and parties in possession of the property sold shall be divested of any and all interest in and claim to the Property, and shall be obligated to immediately vacate the premises, and prior to such vacation shall be tenants at sufferance of the purchaser of the property sold and shall be subject to eviction in an action of forcible detainer; provided, the provisions of this subparagraph shall be subject to any agreements made in writing by Beneficiary with reference to any existing and/or NY2V1178150A09W 20091.DO035899 W79 13