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200709869 (3) Require the Grantor to assemble the Personal Property or any portion thereof, at a place designated by the Beneficiary and reasonably convenient to both parties, and promptly to deliver such Personal Property to the Beneficiary, or an agent or representative designated by it. The Beneficiary, and its agents and representatives, shall have the right to enter upon any or all of the Grantor's premises and property to exercise the Beneficiary's rights hereunder; (4) Sell, lease or otherwise dispose of the Personal Property at public sale, with or without having the Personal Property at the place of sale, and upon such terms and in such manner as the Beneficiary may determine. The Beneficiary may be a purchaser at any such sale; and (5) Unless the Personal Property is perishable or threatens to decline speedily in value or is of a type customarily sold on a recognized market, the Beneficiary shall give the Grantor at least 10 days' prior written notice of the time and place of any public sale of the Personal Property or other intended disposition thereof. Such notice may be mailed to the Grantor at the address set forth at the beginning hereof and shall be deemed to be given on the date of mailing thereof; and (e) Exercise any other rights or remedies which may now or hereafter be available to the Beneficiary hereunder or the other Financing Documents or pursuant to applicable law or in equity. Section 4.03. Exercise of Power of Sale. (a) If the Beneficiary elects to sell the Grantor's interest in the Encumbered Property by exercise of the power of sale herein contained, the Beneficiary shall notify the Deed Trustee in the manner then required by law. (b) Upon receipt of such notice from the Beneficiary and at the direction of the Beneficiary, the Deed Trustee shall cause to be given, recorded, published and delivered such notices of default and/or notices of sale as may then be required by law and/or hereby. Neither the Beneficiary or the Deed Trustee shall be obligated to give the Grantor any written notice upon the election of the Power of Sale, except the statutory "Notice of Default" required by Section 76-1006, Reissue Revised Statutes of Nebraska, as amended; and no language in this Deed of Trust shall be interpreted to the contrary. The Partnership represents that the Encumbered Property is entirely located within Hall County, Nebraska, and that the operations to be conducted on the Encumbered Property do not constitute "farming operations" as referenced in Section 76-1006, Reissue Revised Statutes of Nebraska, as amended. The Deed Trustee shall, but only at the direction of the Beneficiary and without demand on the Grantor, after such time as may then be required by law after such notice of default and/or notice of sale having been given as required by law, sell the Encumbered Property at the time and place of sale fixed by it in such notice of sale, either as a whole, or in separate estates, lots or parcels or items as the BenefIciary 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 payable at the time of sale, or as otherwise may then be required by law. The Deed Trustee shall deliver to such purchaser or purchasers thereof its good and sufttcient deed or deeds 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, the Grantor, the Deed Trustee or the Beneficiary, may purchase at such sale. The Beneficiary may "credit bid" all or any portion of the Secured Obligations at such sale. (c) As may be permitted by law, after deducting all costs, fees and expenses of the Deed Trustee and hereof, including without limitation costs of evidence of title in connection with sale and any reasonable attorneys' fees and expenses incurred by the Deed Trustee, the Deed Trustee shall apply the -12-