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200610128 (b) After deducting a1\ costs, fees and expenses of Trustee and of this Trust, including, but not limited to, costs of evidence of title in connection with sale and a Trustee's fee not in excess of .05% of the unpaid balance secured hereby or the sum of $750.00, whichever is greater, Trustee shall apply the proceeds of sale to payment of: all sums expended under the terms hereof, not then repaid, with accrued interest at the rate of 14% ~ annum; all other sums then secured hereby and the remainder, if any, to the person or persons legally entitled thereto. (c) Trustee may postpone sale of all or any portion of the Trust Estate by public announcement at such time and place of sale, and from time to time thereafter may postpone such sale by public announcement at the time fixed by the preceding postponement or subsequently noticed sale, and without further notice, except such as may be required by statute, make such sale at the time fixed by the last postponement, or may, in its discretion, give a new notice of sale. 14. Appointment of Receiver. Ifan event of default described in Section 11 of this Trust Deed shall have OCCUlTed and be continuing, Beneficiary, as a matter of right and without notice to Trustor or anyone claiming under Trustor, and without regard to the then value of the Trust Estate or the interest of Trustor therein, shall have the right to apply to any court having jurisdiction to appoint a receiver or receivers of the Trust Estate, and Trustor hereby ilTevocably consents to such appointment and waives notice of any application therefor. ] 5. Security Agreement. This agreement constitutes a Security Agreement under the Uniform Commercial Code ofthe State of Nebraska (herein called the "Code") with respect to any part of the Property which may or might now or hereafter be or be deemed to be personal property, fixtures, or property other than real estate (all for the purposes of this Section 15 called "Collateral") and Trustor, as Debtor, hereby grants a security interest in the same to the Beneficiary, as Secured Party; all of the terms, provisions, conditions, and agreements contained in this agreement pertain and apply to the Collateral as fully and to the same extent as to any other property comprising the Property; and the following provisions of this Section] 5 shall not limit the generality or applicability of any other provision of this Trust Deed but shall be in addition thereto. (a) In addition to any other remedies granted in this instrument to Beneficiary or Trustee, Beneficiary, as Secured Party, may, in the event of any default, proceed under the Code as to all or any part of the Collateral, including, without limitation, the right and power to sell, at public or private sale or sales, or otherwise dispose ot~ lease or utilize the Collateral and any part or parts thereof in any mal1l1er authorized or permitted under the Code after default by a debtor, and to apply the proceeds thereof toward payment of any costs and expenses and attorneys' fees and legal expenses thereby incurred by Secured Party, and toward payment of the Debtor's obligations secured hereby including the Note and all other indebtedness described above, in such order or manner as Secured Party may elect. (b) The rights of Secured Party in the event of default shall include, without limitation, the right to take possession of the Collateral and to enter upon any premises where same may be situated for such purpose without being deemed guilty of trespass and without liability for damages thereby occasioned, and to take any action deemed necessary or appropriate or desirable by Secured Party, at its option and in its discretion, to repair, refurbish or otherwise prepare the Collateral for sale, lease, or other use or disposition as herein authorized. (c) To the extent permitted by law, Debtor expressly waives any notice of sale or other disposition of the Collateral and any other rights or remedies of Debtor or fonnalities prescribed by law relative to sale or disposition of the Collateral or exercise of any other right or remedy of Secured Party existing after default hereunder; and to the extent any such notice is required and call11ot be waived, Debtor agrees that if such notice is mailed, postage prepaid, to Debtor at the address first shown herein at least five days before the time ofthe sale or disposition, such notice shall be deemed reasonable and shall fully satisfy any requirement for giving of said notice. (d) Secured Party is expressly granted the right, at its option, to transfer at any time to itself or to its nominee the Collateral, or any part thereof, and to receive the moneys, income, proceeds or benefits attributable or accruing thereto and to hold the same as security for the Debtor's obligations or to apply it on the principal and interest or other amounts owing on any of the Debtor's obligations, whether or not then due, first to incidental expense paid by Secured Party on behalf of Debtor, then to accrued interest on the Note, and the balance (if any) to principal ofthe Note. All rights to marshaling of assets of Debtor, including any such right with respect to the Collateral, are hereby waived. (e) All recitals in any instrument of assignment or any other instrument executed by Secured Party incident to sale, transfer, assignment, lease or other disposition or utilization of the Collateral or any part thereof hereunder shall be full proof of the matters stated therein and no other proof shall be requisite to establish full legal propriety of the sale or other action taken by Secured Party or of any fact, condition or thing incident thereto and all prerequisites of such sale or other action or of any fact, condition or thing incident thereto shall be presumed conclusively to have been performed or to have OCCUlTed. (f) Secured Party may require Debtor to assemble the Collateral and make it available to Secured Party at a place to be designated by Secured Party that is reasonably convenient to both parties. All expenses of retaking, holding, preparing for sale, lease or other use or disposition, selling, leasing or otherwise using or disposing of the Collateral and the like which are incurred or paid by Secured Party as authorized or permitted hereunder, including also all attorneys' fees, legal expenses and costs, shall be added to the Debtor's obligations and Debtor shall be liable therefor. 16. Remedies Not Exclusive. Trustee and Beneficiary, and each of them, shall be entitled to enforce payment and performance of any indebtedness or obligation secured hereby and to exercise all rights and powers under this Trust Deed or under any Loan Instrument or other agreement or any laws now or hereafter in force, notwithstanding some or all ofthe such indebtedness and obligations secured hereby may now or hereafter be otherwise secured, whether by mortgage, trust deed, pledge, lien, assignment or otherwise.