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200710144 Secured Obligations, including all accrued interest to be immediately due and payable, as provided in the Credit Agreement. 4.2 Foreclosure by Power of Sale. Should the Administrative Agent elect to foreclose by exercise of the Power of Sale herein contained, the Administrative Agent shall notify the Trustee and shall deposit with the Trustee this Deed of Trust and such receipts and evidence of expenditures made and secured hereby as the Trustee may require. Thereafter, and only in accordance with or as permitted by the Nebraska Trust Deeds Act, upon receipt of such notice from the Administrative Agent, the Trustee shall cause to be recorded, published and delivered to the Grantor such Notice of Default and Notice of Sale and any other notice or document or instrument as then required by law and/or by this Deed of Trust. The Trustee shall, without demand on the Grantor, after such time as may then be required by law and after recordation and/or delivery of such Notice of Default, Notice of Sale and/or any other notice required by law, sell the Premises at the time and place of sale fixed by it in such Notice of Sale, either as a whole, or in separate lots or parcels or items as the Trustee shall deem expedient, and in such order as the Trustee may determine, at public auction to the highest bidder for cash in lawful money of the United States payable at the time of sale. The Trustee shall deliver to such purchaser or purchasers thereof a good and sufficient deed or deeds conveying the property so sold, but without any covenant or warranty, express or implied. Any person, including, without limitation, the Administrative Agent (but specifically excluding the Grantor), may purchase at such sale, and the Grantor hereby covenants to warrant and defend the title of such purchaser or purchasers. 4.3 Proceeds of Sale. Following a foreclosure sale, the proceeds of such sale shall, subject to applicable law, be applied in accordance with the Credit Agreement. 4.4 Delivery of Possession After Foreclosure. In the event there is a foreclosure sale hereunder and at the time of such sale, the Grantor or the Grantor's heirs, devisees, representatives, successors or assigns are occupying or using the Premises, or any part thereof, each and all immediately shall become the tenant of the purchaser at such sale, which tenancy shall be a tenancy from day to day, terminable at the will of either landlord or tenant, at a reasonable rental per day based upon the value of the property occupied, such rental to be due daily to the purchaser; and to the extent permitted by applicable law, the purchaser at such sale, notwithstanding any language herein apparently to the contrary, shall have the sole option to demand possession immediately following the sale or to permit the occupants to remain as tenants at will. In the event the tenant fails to surrender possession of said property upon demand, the purchaser shall be entitled to institute and maintain a summary action for possession of the property (such as an action for forcible detainer) in any court having jurisdiction. ARTICLE V Additional Rights and Remedies of Administrative Agent 5.1 Rights Upon Maturitv or an Event of Default. Upon the occurrence and during the continuance of an Event of Default, the Administrative Agent, immediately and without additional notice and without liability therefor to the Grantor, except for its own gross negligence CHAR1\I056808v2 8