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201300072 <br /> progress, (e) to continue the development, marketing and sale of the Trust Estate, (t) to do such maintenance and <br /> make such repairs and alterations as the receiver deems necessary, (g) to use all stores of materials, supplies and <br /> maintenance equipment on the Trust Estate and replace such items at the expense of the receivership estate, (h)to <br /> pay all taxes and assessments against the Trust Estate, all premiums for insurance thereon, all utility and other <br /> operating expenses, and all sums due under any prior or subsequent encumbrance, (i) to request that Collateral <br /> Agent advance such funds as may reasonably be necessary to the effective exercise of the receivers powers, on <br /> such terms as may be agreed upon by the receiver and Collateral Agent, but not in excess of the Default Rate, and (j) <br /> generally to do anything that Grantor could legally do if Grantor were in possession of the Trust Estate. All expenses <br /> incurred by the receiver or his agents, including obligations to repay funds borrowed by the receiver, shall constitute a <br /> part of the Obligations. Any revenues collected by the receiver shall be applied first to the expenses of the <br /> receivership, including reasonable attorneys' fees incurred by the receiver and by Collateral Agent, together with <br /> interest thereon at the highest rate of interest applicable in the Note from the date incurred until repaid, and the <br /> balance shall be applied toward the Obligations or in such other manner as the court may direct <br /> Section 6.04. Remedies Not Exclusive. Collateral Agent shall be entitled to enforce payment and <br /> performance of any Obligations and to exercise all rights and powers under this Deed of Trust or under the Loan <br /> Documents or other agreement or any laws now or hereafter in force, notwithstanding some or all of the Obligations <br /> may now or hereafter be otherwise secured, whether by mortgage, deed of trust, pledge, lien, assignment or <br /> otherwise. Neither the acceptance of this Deed of Trust nor its enforcement, whether by court action or pursuant to <br /> the power of sale or other powers herein contained, shall prejudice or in any manner affect Collateral Agent's right to <br /> realize upon or enforce any other security now or hereafter held by Collateral Agent, it being agreed that Collateral <br /> Agent shall be entitled to enforce this Deed of Trust and any other security now or hereafter held by Collateral Agent <br /> in such order and manner as it may in its absolute discretion determine. No remedy herein conferred upon or <br /> reserved to Collateral Agent is intended to be exclusive of any other remedy given hereunder or now or hereafter <br /> existing at law or in equity or by statute. Every power or remedy given by any of the Loan Documents to Collateral <br /> Agent, or to which Collateral Agent may be otherwise entitled, may be exercised, concurrently or independently, from <br /> time to time and as often as may be deemed expedient by Collateral Agent. Collateral Agent may pursue <br /> inconsistent remedies. <br /> The acceptance by Collateral Agent of any sum after the same is due shall not constitute a waiver of the <br /> right either to require prompt payment,when due, of all other sums hereby secured or to declare a subsequent Event <br /> of Default as herein provided. The acceptance by Collateral Agent of any sum in an amount less than the sum then <br /> due shall be deemed an acceptance on account only and upon condition that it shall not constitute a waiver of the <br /> obligation of Grantor to pay the entire sum then due, and failure of Grantor to pay such entire sum then due shall be <br /> an Event of Default, notwithstanding such acceptance of such amount on account, as aforesaid. Collateral Agent <br /> shall be, at all times thereafter and until the entire sum then due as contemplated by the Loan Documents shall have <br /> been paid, and notwithstanding the acceptance by Collateral Agent thereafter of further sums on account, or <br /> otherwise, entitled to exercise all rights in this instrument conferred upon them or either of them, and the right to <br /> proceed with a sale under any notice of default, or an election to sell, or the right to exercise any other rights or <br /> remedies hereunder, shall in no way be impaired, whether any of such amounts are received prior or subsequent to <br /> such proceeding, election or exercise. Consent by Collateral Agent to any action or inaction of Grantor which is <br /> subject to consent or approval of Collateral Agent hereunder shall not be deemed a waiver of the right to require such <br /> consent or approval to future or successive actions or inactions. <br /> Section 6.05. Possession of Trust Estate. In the event of a trustee's sale or foreclosure sale hereunder <br /> and after the time of such sale, Grantor occupies the portion of the Trust Estate so sold, or any part thereof, Grantor <br /> shall immediately become the tenant of the purchaser at such sale, which tenancy shall be a tenancy from day to <br /> day, terminable at the will of either tenant or landlord, at a reasonable rental per day based upon the value of the <br /> portion of the Trust Estate so occupied, such rental to be due and payable daily to the purchaser. An action of <br /> unlawful detainer shall lie if the tenant holds over after a demand in writing for possession of such Trust Estate; and <br /> this Deed of Trust and a trustee's or sheriffs deed shall constitute a lease and agreement under which the tenant's <br /> possession arose and continued Nothing contained in this Deed of Trust shall be construed to constitute Collateral <br /> Agent as a "mortgagee in possession" in the absence of its taking actual possession of the Trust Estate pursuant to <br /> the powers granted herein. <br /> Section 6.06. Waiver of Rights. Grantor waives the benefit of all laws now existing or that hereafter may <br /> be enacted (i) providing for any appraisement before sale of any portion of the Trust Estate, or (ii) in any way <br /> extending the time for the enforcement of the collection of the Obligations or creating or extending a period of <br /> redemption from any sale made in collecting the Obligations. Grantor agrees that Grantor will not at any time insist <br /> 15 <br /> 4821-4372-3794.1 <br /> STORE/Concord <br /> 721 Diers Avenue,Grand Island, NE 68803 <br /> File No.:7210/02-81.13 <br />