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<br /> (d) To apply to a court of competent jurisdiction for and obtain appointment of a
<br /> receiver of the Subject Property as a matter of strict right and without regard to: (i)the adequacy
<br /> of the security for the repayment of the Secured Obligations, (ii)the existence of a declaration
<br /> that the SecUred Obligations are immediately due and payable; or (iii) the filing of a notice of
<br /> default; and Trustor consents to such appointment.
<br /> (e) To take and possess all documents, books, records, papers and accounts of Trustor
<br /> or the then owner of the Subject Property; to make or modify Leases of, and other agreements
<br /> with respect to, the Subject Property upon such terms and conditions as Beneficiary deems
<br /> proper; and to make repairs, alterations and improvements to the Subject Property deemed
<br /> necessary, in Trustee's or Beneficiary's judgment, to protect or enhance the security hereof.
<br /> (fl To execute or cause Trustee to execule a written notice of such Default and of its
<br /> election to cause the Subject Property to be sold to satisfy the Secured Obligations. Trustee shall
<br /> give and record such notice as the law then requires as a wndition precedent to a trustee's sale.
<br /> When the minimum period of time required by law after such notice has elapsed, Trustee,
<br /> without notice to or demand upon Trustor, except as otherwise required by law, shall sell the
<br /> Subject Property at the time and place of sale fixed by it in the notice of sale, at one or several
<br /> sales, either as a whole or in separate parcels and in such manner and order, all as directed by
<br /> Beneficiary in its sole discretion, at public auction to the highest bidder for cash, in lawful
<br /> money of the United States, payable at the time of sale. Except as required by law, neither
<br /> Trustor nor any other person or entity shall have the right to direct the order in which the Subject
<br /> Property is sold. Subject to requirements and ]imits imposed 6y law, Trustee may postpone any
<br /> sale of the Subject Property by public announcement at such time and place of sale, and from
<br /> time to time may postpone such sale by public announcement at the time and place fixed by the
<br /> preceding postponement. Trustee shall deliver to the purchaser at such sale a deed comeying the
<br /> Subject Property or portion thereof so sold, but without any covenant or warranty, express or
<br /> implied. The recitals in said deed of any matters or facts shall be conclusive proof of the
<br /> truthfulness thereo£ Any person, including Trustee, Trustor or Beneficiary, may purchase at
<br /> such sale.
<br /> (g) To resort to and realize upon the security hereunder and any other security now or
<br /> later held by Beneficiary concurrenfly or successively and in one or several consolidated or
<br /> independent judicial actions or lawfully taken non judicial proceedings, or both, and to apply the
<br /> proceeds received in accordance with the Section hereof entitled Application of Foreclosure Sale
<br /> Proceeds, alI in such order and manner as Beneficiary shall determine in its sole discretion.
<br /> (h) Upon sale of [he Subject Property at any judicial or non judicial foreclosure,
<br /> Beneficiary may credit bid (as determined by Beneficiary in its sole discretion) all or any portion
<br /> ofthe Secured Obligations. In determining such credit bid, Beneficiary may, but is not obligated
<br /> to, take into account all or any of the following: (i) appraisals of the Subject Property as such
<br /> appraisals may be discounted or adjusted by Beneficiary in its sole underwriting discretion;
<br /> (ii) expenses and costs incurred by Beneficiary with respect to the Subject Property prior to
<br /> foreclosure; (iii) expenses and costs which Beneficiary anticipates will be incurred with respect
<br /> [o the Subject Property after foreclosure, but prior to resale, inc]uding without limitation, costs of
<br /> structural reports and other due diligence, costs to carry the Subject Property prior to resale, costs
<br /> of resale (e.g., commissions, attorneys' fees, and taxes), Hazardous Materials clean-up and
<br /> monitoring, deferred maintenance, repair, refurbishment and retrofit, and costs of defending or
<br /> settling litigation affecting [he Subject Property; (iv) declining trends in real property values
<br /> generally and with respect to properties similar to the Subject Property; (v) anticipated discounts
<br /> upon resale of the Subject Property as a distressed or foreclosed property; (vi) the existence of
<br /> additional collateral, if any, for the Secured Obligations; and (vii) such other factors or matters
<br /> Deed of Trus[and Assignment oTRents and Leases Page 13
<br /> Deed oP Trus[-Capital One,N.A._Lyne Realty,LP(Grand Island,NE)
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