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<br />(f) a writ of execution or attachment or any similar process shall be issued or
<br />levied against all or any part of or interest in the Mortgaged Property, or any judgment
<br />for monetary damages shall be entered against Trustor which shall become a lien on the
<br />Mortgaged Property, or any portion thereof or interest therein, and such execution,
<br />attachment or similar process or judgment is not released, bonded, satisfied, vacated or
<br />stayed within sixty (60) days after its entry or levy;
<br />(g) failure of the Mortgaged Property to provide a debt service coverage ratio
<br />of at least 1.15 x, as measured annually on each December 31, commencing December
<br />31, 2014. For this purpose, debt service coverage ratio means the annual net income after
<br />taxes, plus depreciation and interest (to the extent deducted from net income) for the
<br />Mortgaged Property divided by the sum of the annual debt service on the Mortgaged
<br />Property;
<br />(h) if, during the term of the Promissory Note, Trustor shall, without the prior
<br />written approval of Beneficiary, sell, convey, alienate, mortgage or encumber the
<br />Mortgaged Property, or any part thereof or any interest therein, or shall be divested of its
<br />title or any interest therein, in any manner, not expressly permitted in this Deed of Trust,
<br />whether voluntarily or involuntarily; or if there is any merger, consolidation or
<br />dissolution affecting Trustor;
<br />(i) any assignment by Trustor of the whole or any part of the rents, issues or
<br />profits arising from the Mortgaged Property to any person without the consent of
<br />Beneficiary;
<br />(j) at any time any representation, warranty or statement made by Trustor in
<br />any Loan Document, certificate or financial statement delivered by Trustor shall be
<br />incorrect or misleading in any material respect; or any material misrepresentation shall at
<br />any time be made to Beneficiary by Trustor;
<br />(k) if any of the events in (d), (e) or (f) shall occur with respect to any
<br />guarantor of the Promissory Note.
<br />Section 5.02. Judicial Foreclosure or Trustee's Sale on Default.
<br />(a) Upon the occurrence of one or more Events of Default or default by
<br />Trustor in the performance of any other agreement hereunder, or under any instrument or
<br />agreement secured hereby, Beneficiary may declare all sums secured hereby immediately
<br />due and payable and, at the option of the Beneficiary, this Deed of Trust may be
<br />foreclosed in the manner provided by law for the foreclosure of mortgages on real
<br />property; or Mortgaged Property may be sold in the manner provided in the Nebraska
<br />Trust Deeds Act under the power of sale conferred upon the Trustee hereunder.
<br />(b) In the event that the Mortgaged Property is sold pursuant to the power of
<br />sale conferred upon the Trustee hereunder, the Trustee shall cause to be filed of record a
<br />written notice of default and election to sell the Mortgaged Property. After the lapse of
<br />such time as then may be required by law following recordation of such notice of default,
<br />and notice of sale having been given as then required by law, Trustee, without demand on
<br />Trustor, shall sell the Mortgaged Property, either as a whole or in separate parcels, and in
<br />such order as it or Beneficiary may determine at public auction to the highest bidder.
<br />Trustee may postpone the sale of all or any portion of the Mortgaged Property by public
<br />announcement at the time and place of sale, and from time to time thereafter may
<br />postpone the sale by public announcement at the time and place fixed by the preceding
<br />postponement. Trustee shall deliver to such purchaser its deed conveying the property so
<br />sold, but without any covenant or warranty, express or implied. The recital in such deed
<br />of any matters of fact or otherwise shall be conclusive proof of the truthfulness thereof.
<br />Any person, including Trustor, Trustee or Beneficiary, may purchase at such sale. The
<br />Trustee shall apply the proceeds of the Trustee's sale, first, to the costs and expenses of
<br />exercising the power of sale and of the sale, including the payment of Trustee's fees
<br />actually incurred, not to exceed five percent of the principal balance unpaid at the time of
<br />recording the notice of default, second, to the payment of the obligation secured by this
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