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<br />sale of the Trust Estate, or any part thereof; or to collect the debts hereby secured or for the enforcement
<br />of such other or additional appropriate legal or equitable remedies as may be deemed necessary or
<br />advisable to protect and enforce the rights and remedies herein granted or conferred, and in the event of
<br />the institution of any such action or suit, the Beneficiary shall have the right to have appointed a receiver
<br />of the Trust Estate and of all rents, income, revenues, profits and proceeds pertaining thereto or arising
<br />therefrom, whether then past due or accruing after the appointment of such receiver, derived, received or
<br />had from the time of the commencement of such suit or action, and such receiver shall have all the usual
<br />powers and duties of receivers in like and similar cases, to the fullest extent permitted by law, and if
<br />application shall be made for the appointment of a receiver, the Grantor hereby expressly consents that
<br />the court to which such application shall be made may make said appointment ex parte; and
<br />(C) request the Trustee to sell or cause to be sold all of the Trust Estate or any part
<br />thereof, and all right, title, interest, claim and demand of the Grantor therein or thereto, at public auction at
<br />such place in any county in which the property to be sold, or any part thereof, is located, at such time,
<br />upon such notice, and upon such terms as may be specified in a notice of sale, which shall state the time
<br />when and the place where the sale is to be held, shall contain a brief description of the property to be
<br />sold, and shall be given by mailing a copy thereof to the Grantor at least twenty (20) days prior to the date
<br />fixed for such sale and by publishing the same once in each week for five successive calendar weeks
<br />prior to the date of such sale in a newspaper of general circulation published in said county or, if no such
<br />newspaper is published in such county, in a newspaper of general circulation in such county, the last
<br />such publication to be at least ten (10) days but not more than thirty (30) days prior to the date fixed for
<br />such sale. Any sale to be made under this Section 4.03(C) may be adjourned from time to time by
<br />announcement at the time and place appointed for such sale or for such adjourned sale or sales, and
<br />without further notice or publication the sale may be had at the time and place to which the same shall be
<br />adjourned. Notwithstanding the foregoing, in the event another or different notice of sale or another or
<br />different manner of conducting the same shall be required by law, the notice of sale shall be given or the
<br />sale be conducted, as the case may be, in accordance with the applicable provisions of law. The costs
<br />and expenses incurred by the Beneficiary (including, but not limited to, receiver's fees, counsel fees, cost
<br />of advertisement and agents' compensation) in the exercise of any of the remedies provided in this Deed
<br />of Trust shall be secured by this Deed of Trust.
<br />Section 4.04. Application of Proceeds from Remedial Actions. Any proceeds or funds
<br />arising from the exercise of any rights or the enforcement of any remedies herein provided after the
<br />payment or provision for the payment of any and all costs and expenses in connection with the exercise
<br />of such rights or the enforcement of such remedies shall be applied to the Indebtedness in the order and
<br />manner set forth in the Loan Agreement, and the balance, if any, shall be paid to whomsoever shall be
<br />entitled thereto.
<br />Section 4.05. Remedies Cumulative; No Election. Every right or remedy herein conferred
<br />upon or reserved to the Beneficiary shall be cumulative and shall be in addition to every other right and
<br />remedy given hereunder or under any Loan Document or now or hereafter existing at Law, or in equity, or
<br />by statute. The pursuit of any right or remedy shall not be construed as an election.
<br />Section 4.06. Waiver of Appraisement Rights. The Grantor, for itself and all who may claim
<br />through or under it, covenants that it will not at any time insist upon or plead, or in any manner whatever
<br />claim, or take the benefit or advantage of any appraisement, valuation, stay, extension or redemption
<br />Laws now or hereafter in force in any locality where any of the Trust Estate may be situated, in order to
<br />prevent, delay or hinder the enforcement or foreclosure of this Deed of Trust, or the absolute sale of the
<br />Trust Estate, or any part thereof, or the final and absolute putting into possession thereof immediately
<br />after such sale, of the purchaser or purchasers thereat, and the Grantor, for itself and all who may claim
<br />through or under it, hereby waives the benefit of all such Laws unless such waiver shall be forbidden by
<br />Law.
<br />Section 4.07. Exercise by Trustee. Notwithstanding anything herein to the contrary, the
<br />Trustee (i) shall not exercise, or waive the exercise of, any of its rights or remedies hereunder (other than
<br />its right to reimbursement) except upon the request of the Beneficiary, and (ii) shall exercise, or waive the
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<br />5301729
<br />Hall County, Nebraska
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