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20�iO49�2 (� Receiver. Beneficiary may apply for and obtain, without notice and upon ex parte application, the appointment of a receiver for the Mortgaged Property without regard to Trustor's financial condition or solvency, the adequacy of the Mortgaged Property to secure the payment or performance of the Obligations, or the existence of any waste to the Mortgaged Property. (g) Foreclosure. Beneficiary may foreclose this Deed of Trust. (h) Power of Sale. Subject to compliance with the Nebraska Trust Deeds Act (Nebraska Rev. Stat. 76-1001, et seq.) authorize and empower Trustee to fix the day, time, and place of sa1e, to sell the Mortgaged Property and all estate, right, title and interest, claim and demand therein, and right of redemption thereof, at one or more sales as an entirety or in pazcels; said sale to be by public outcry to the highest bidder for cash or cash equivalent pursuant to the power of sale granted in the Nebraska Trust Deeds Act (Nebraska Rev. Stat. 76-1001, et seq.). Beneficiary may bid at said sale and purchase said Mortgaged Property, or any part thereof, as the highest bidder therefor. At the foreclosure sale the Mortgaged Properiy may be offered for sale and sold as a whole without first offering it in any other manner or tnay be offered for sale and sold in any other manner Trustee may elect. The Trustee shall have full power to conduct any sale through an agent appointed by the Trustee for the purpose, but said appointment of agent need not be recorded; (i) Set-off. Beneficiary may set-off Trustor's Obligations against any amounts due by Beneficiary to Trustor including, but not limited to, monies, instruments and deposit accounts maintained with Beneficiary. (j) ' Collateral. Beneficiary may exercise a11 rights against the Collateral allowed a secured party under the Uniform Commercial Code or other applicable law, including without limitation to sell the Collateral or any part thereof at public or private sale, for cash, upon credit or for future delivery, at such price or prices as Beneficiary may deem satisfactory, and in connection with any such sale, Trustor hereby agrees that ten (10) days' prior written notice of the time and place of any such sale or other intended disposition of any of the Collateral consritutes "reasonable notification" within the meaning of applicable provisions of the Uniform Commercial Code, except that shorter or no notice sha11 be reasonable as to any Collateral which is perishable or threatens to decline speedily in value or is of a type customarily sold on a recognized market. Beneficiary may proceed under this Deed of Trust solely as to the real property interests, or solely as to the personal property interests, or as to both the real and personal property interests in accordance with its rights and remedies in respect of the real property interests. (k) Lawsuits. Beneficiary may institute suits for collection of the Obligations, the specific performance of any covenant or agreement herein contained or ia aid of the execution of any power herein granted. Beneficiary may commence an action against Trustor under Nebraska law for the recovery of any balance due under the Credit Documents which was not retired as a result of the exercise of any foreclosure proceedings or the power of sale granted herein. (I) Termination of Commitment to Lend. Beneficiary may terminate any commitment or obligation to lend or disburse funds under any Credit Document. (m) Other Rights and Remedies. Beneficiary may exercise any and all other rights and remedies which Beneficiary may have under the Credit Documents, under applicable law or otherwise. The enumeration of the availability of specific remedies in the event of default shall not impair the demand nature of any of the Obligations which by its terms or otherwise is payable on demand. Beneficiary's rights are cumulative and may be exercised together, separately and in any order. In the event that Beneficiary institutes an action seeking the recovery of any of the Mortgaged Property by way of a preyudgment remedy in an action against Trustor, Trustor waives the posting of any bond which might otherwise be required. Section 5.2 Proceeds of Foreclosure. Subject to applicable law, the proceeds of any sale held at the instance of the Beneficiary in foreclosure of the liens and security interests evidenced hereby shall be applied in such order or priority as the Beneficiary may elect, in its sole discretion, which may include the application thereof in accordance with the following: FIRST, to the payment of all necessary costs and expenses incident to such foreclosure sa1e, including but not limited to all reasonable attorneys' fees and legal expenses, all court costs, DOCS/1045495.1 14