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<br />(� RecQi��er. Beneficiary may apply for and obtain, withaut notice and upon ex parte application, the
<br />appointment of a receiver for the Mortgaged Properly without regard to Trustor's fmancial condition oY solvency, the
<br />adequacy of the Mortgaged Properiy to secwe the payment or performance of the Obligations, or the existence of
<br />any waste to the Mortgaged Properly.
<br />(g) Foreclo§ure. Beneficiary may foreclose this Deed of Trust.
<br />(h) Powerr of Sale. Subject to compliance with the Nebraska Trust Deeds Act (Nebraska Rev. Stat.
<br />76-1001, et seq.) authorize and empower Trustee to fix the day, time, and place of sale, to sell the Mortgaged
<br />Property and all estate, right, title and interest, claim and demand therein, and right of redemption thereof, at one or
<br />more sales as an entirety or in parcels; said sale to be by public outcry to the highest bidder for. cash or cash
<br />equivalent pursuant to ths power of sale granted in the Nebraska Trust Deeds Act (Nebraska Rev. St�t. 76-1001, et
<br />sey.). Beneficiary may bid at said sale and purchase said Mortgaged Property, or any part thereof, as the highest
<br />bidder therefor. At the foreclosure sale the Mortgaged Property may be offered for sale and sold as a whole without
<br />first offering it in any other manner or may be offered for sale and sold in any other manner Trustee cnay elect. The
<br />Trustee shall have full power to conduct any sale through an agent appointed by the Trustee for the purpose, but said
<br />appointment of agent need not be recorded;
<br />(i) Set-off. Beneficiary may set-off Trustor's Obligations against any amounts due by Beneficiary to
<br />Trustor including, but not iimited to, monies, instrurnents and d�posit accounts maintained with Beneficiary.
<br />(j) Collateral. Beneficiary may exercise all rights against the Collateral allowed a secured party
<br />under the Uniform Gommercial Code or other applicable law, including without limitation to sell the Collateral or
<br />any part thereof at public or private sale, for cash, upon credit or for future delivery, at such price or prices as
<br />Beneficiary may deem satisfactory, and in connection with any such sale, Trustor hereby agrees that ten (10) days'
<br />prior written notice of the time and place �f any such sale or other intended disposition of any of the Collateral
<br />constitutes "reasonable noti�ication" within the meaning of applicable provisions of the Uniform Commercial Code,
<br />except that shorter or na notice shall be reasonable as to any Collateral which is perishable or tlire�tens to decline
<br />speedily in value or is of a type customarily sold on a recagnized market. Beneficiary may proceed under this Deed
<br />of Trust solely as to the real property interests, or solely as to the personal properly interests, or as to both the real
<br />and personal propertv interests in accordance with its rights and remedies in respect of the real propert;� interests.
<br />(k) �,awsuit's. Beneficiary may institute suits for collection of the Obligations, the specific
<br />performance of any covenant or agreement herein contained or in aid of the execution of any power herein granted.
<br />Beneficiary may commence an action against Trustor under Nebraska law for the recovery of any balance due under
<br />the Loan Documents which was not retired as a result of the exercise of any forecloswe proceedings or the power of
<br />sale granted herein.
<br />(1) Termination of Commitment to Lend. Beneficiary may terminate any commitment or obligation
<br />to lend or disburse funds under any Loan Document.
<br />(m) Other Fights and Remedies. Beneficiary may exercise any and all other rights and remedies
<br />which Beneficiary may have under the Loan Documents, under applicable law or otherwise.
<br />The enumeration of the availability of specific remedies in the event of default shall not impair the demand
<br />nature of any of the Obligations which by its terms or otherwise is payable on demand. Beneficiary's rights are
<br />cumulative and may be exercised together, separately and in any order. In the event that Beneficiary institutes an
<br />action seeking the recovery of any of the Mortgaged Property by way of a pre judgment remedy in an action against
<br />Trustor, Trustor waives the posting of any bond which might otherwise be required.
<br />Section 5.2 Proceeds of Foreclosure. Sub,ject to applicable law, the proceeds of any sale held at the
<br />instance of the Beneficiary in foreclosure of the liens and security interests evidenced hereby shall be applied in
<br />such order or priority as the Beneficiary may elect, in its sole discretion, which may include the application thereof
<br />in accordance with the following: FIRST, to the payment of all necessary costs and expenses incident to such
<br />foreclosure sale, including but not limited to all reasonable attorneys' fees and legal expenses, all court costs,
<br />commissions and charges of every character, and to tt�e payment o� the other Obligations, including specifically
<br />without limi.ation the principal, accrued interest, prepay�nent premium and attorneys' fees due and unpaid on the
<br />Obligations and the amounts due and unpaid and owed ta Beneficiary under this Deed of Trust, the order and
<br />manner of application to the terms in this clause FIRST to be in Beneficiary's sole discretion; and SECOND, the
<br />remainder, if any there shall be, shall be paid to Trustor, or to Trustor's heirs, representatives, successors or assigns,
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