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201201590
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Last modified
3/19/2012 3:48:43 PM
Creation date
3/1/2012 8:50:41 AM
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DEEDS
Inst Number
201201590
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20�20�5�0 <br />6.3 Remedies. At any time after an Event of Default, Beneficiary shall be entitled to <br />invoke any and all of the rights and remedies described below, in addition to all other rights and <br />remedies available to Beneficiary at law or in equity. All of such rights and remedies shall be <br />cumulative, and the exercise of any one or more of them shall not constitute an election of <br />remedies. Pursuant to Neb. Rev. Stat. §76-1008(3) of the Nebraska Trust Deeds Act, a copy of <br />any notice of default and a copy of any notice of sale thereunder will be mailed to each person <br />who is a party to this Deed of Trust at the addresses set forth in the Notice Section below in the <br />manner and at the time required in the Nebraska Trust Deeds Act. <br />(a) Acceleration. Beneficiary may declare any or all of the Secured <br />Obligations to be due and payable immediately. <br />(b) Receiver. Beneficiary shall, as a matter of right, in accordance with <br />applicable law, and without regard for the solvency or insolvency of Grantor or the then <br />value of the Property, to the e�rtent permitted by applicable law, be entitled to have a <br />receiver appointed for all or any part of the Property and the Rents, and the proceeds, <br />issues and profits thereof, with the rights and powers referenced below and such other <br />rights and powers as the court making such appointment shall confer, and Grantor hereby <br />consents to the appointment of such receiver and shall not oppose any such appointrnent. <br />Such receiver shall have all powers and duties prescribed by applicable law, all other <br />powers which are necessary or usual in such cases for the protection, possession, control, <br />management and operation of the Property, and such rights and powers as Beneficiary <br />would have, upon entering and taking possession of the Properiy under subsection (c) <br />below. <br />(c) E�. Beneficiary, in person, by agent or by court-appointed receiver,. <br />may enter, take possession of, manage and operate all or any part of the Property, and <br />may also do any and all other things in connection with those actions that Beneficiary <br />may in its sol,e discretion consider necessary and appropriate to protect the security of <br />this Deed of Trust. Such other things may include: taking and possessing all of <br />Grantor's or the then owner's Books and Records; entering into, enforcing, modifying or <br />canceling leases on such terms and as Beneficiary may consider proper; obtaining and <br />evicting tenants; fixing or modifying Rents; collecting and receiving any payment of <br />money owing to Beneficiary; completing any unfinished construction; and/vr contracting <br />for and making repairs and alterations. If Beneficiary so requests, Grantor shall assemble <br />all of the Property that has been removed from the Land and make all of it available to <br />Beneficiary at the site of the Land. Grantor hereby irrevocably. constitutes and appoints <br />Beneficiary as Grantor's attorney-in-fact to perform such acts and execute such <br />documents as Beneficiary in its sole discretion may consider to be appropriate in <br />connection with taking these measures, including endorsement of Grantor's name on any <br />instruments. <br />(d) Cure; Protection of Securitv. Beneficiary may cure any breach or default <br />of Grantor, and if it chooses to do so in connection with any such cure, Beneficiary may <br />also enter the Properiy and/or do any and all other things which it may in its sole <br />discretion consider necessary and appropriate to protect the security of this Deed of Trust, <br />including, without limitation, completing any construction of the improvements at the <br />DEED OF TRUST — Page 13 <br />#3982161 <br />
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