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201203748
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Last modified
7/9/2017 8:09:16 PM
Creation date
5/10/2012 3:19:51 PM
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DEEDS
Inst Number
201203748
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201203748 <br />expenses; and (2) require Grantor to transfer all security deposits and records thereof to <br />Beneficiary together with original counterparts of the Leases. <br />(c) Collection. Beneficiary may collect the outstanding Obligations with or without <br />resorting to judicial process. <br />(d) Assembly of Collateral. Beneficiary may require Grantor to deliver and make <br />available to Beneficiary any and all Collateral at a place reasonably convenient to Grantor and <br />Beneficiary. <br />(e) Possession. Beneficiary may take immediate possession, management and control <br />of the Mortgaged Property without seeking the appointment of a receiver. <br />(f) Receiver. Beneficiary may apply for and obtain, without notice and upon ex parte <br />application, the appointment of a receiver for the Mortgaged Property without regard to <br />Grantor's financial condition or solvency, the adequacy of the Mortgaged Property to secure the <br />payment or performance of the Obligations, or the existence of any waste to the Mortgaged <br />Property. <br />(g) Foreclosure. Beneficiary may foreclose this Deed of Trust. <br />(h) Power of Sale. Subject to compliance with the Nebraska Trust Deeds Act <br />(Nebraska Rev. Stat. 76-1001, et seq.) authorize and empower Trustee to fix the day, time, and <br />place of sale, to sell the Mortgaged Property and all estate, right, title and interest, claim and <br />demand therein, and right of redemption thereof, at one or more sales as an entirety or in parcels; <br />said sale to be by public outcry to the highest bidder for cash or cash equivalent pursuant to the <br />power of sale granted in the Nebraska Trust Deeds Act (Nebraska Rev. Stat. 76-1001, et seq.). <br />Beneficiary may bid at said sale and purchase said Mortgaged Property, or any part thereof, as <br />the highest bidder therefor. At the foreclosure sale the Mortgaged Property may be offered for <br />sale and sold as a whole without first offering it in any other manner or may be offered for sale <br />and sold in any other manner Trustee may elect. The Trustee shall have full power to conduct <br />any sale through an agent appointed by the Trustee for the purpose, but said appointment of <br />agent need not be recorded; <br />(i) Set-off. Beneficiary may set-off Grantor's Obligations against any amounts due <br />by Beneficiary to Grantor including, but not limited to, monies, instruments and deposit accounts <br />maintained with Beneficiary. <br />0) Collateral. Beneficiary may exercise all rights against the Collateral allowed a <br />secured party under the Uniform Commercial Code or other applicable law, including without <br />limitation to sell the Collateral or any part _thereof at public or private sale, for cash, upon credit <br />or for future delivery, at such price or prices as Beneficiary may deem satisfactory, and in <br />connection with any such sale, Grantor hereby agrees that ten (10) days' prior written notice of <br />the time and place of any such sale or other intended disposition of any of the Collateral <br />constitutes "reasonable notification" within the meaning of applicable provisions of the Uniform <br />Cormnercial Code, except that shorter or no notice shall be reasonable as to any Collateral which <br />is perishable or threatens to decline speedily in value or is of a type customarily sold on a <br />Bolton Farm - Loan 195618 <br />JM MDA1 1095245 vl <br />0-0 05/03/2012 <br />Page 21 of 31 <br />
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