|
(e) Receiver. Beneficiary may make application to a court of competent jurisdiction, as a matter of strict
<br />right and without notice to Trustor or regard to the adequacy of the Mortgaged Property for the repayment of
<br />the Obligations, for appointment of a receiver of the Mortgaged Property, and Trustor does hereby irrevocably
<br />consent to such appointment. Any such receiver shall have all necessary and proper powers and duties of
<br />receivers in similar cases, including the full power to rent, maintain and otherwise operate the Mortgaged
<br />Property upon such terms as may be approved by the court.
<br />(f) Remedies Cumulative, Concurrent and Nonexclusive. If the Obligations are now or hereafter further
<br />secured by chattel mortgages, other deeds of trust, security agreements, pledges, contracts of guaranty,
<br />assignments of leases, or other security, Beneficiary may, at its option, exhaust its remedies under any one or
<br />more of said instruments and the Deed of Trust, either concurrently or independently, and in such order as
<br />Beneficiary may determine. To the fullest extent permitted by applicable law, the same (a) shall be cumulative,
<br />concurrent, and nonexclusive, (b) may be pursued separately, successively or concurrently against Trustor or
<br />others obligated for the Obligations, or any part thereof or against any one or more of them, or against the
<br />Mortgaged Property, at the sole discretion of Beneficiary, and (c) may be exercised as often as occasion
<br />therefor shall arise, it being agreed by Trustor that the exercise of or failure to exercise any of the same shall in
<br />no event be construed as a waiver or release thereof or of any other right, remedy or recourse.
<br />(g) Waiver by Beneficiary. Beneficiary may permit Trustor to attempt to remedy any default without
<br />waiving its rights and remedies hereunder, and Beneficiary may waive any default without waiving any other
<br />subsequent or prior default by Trustor. Furthermore, delay on the part of Beneficiary in exercising any right,
<br />power or privilege hereunder or at law will not operate as a waiver thereof, nor will any single or partial
<br />exercise of such right, power or privilege preclude other exercise thereof or the exercise of any other right,
<br />power or privilege. No waiver or suspension will be deemed to have occurred unless Beneficiary has
<br />expressly agreed in writing specifying such waiver or suspension.
<br />(h) Uniform Commercial Code. Beneficiary shall have all additional rights and remedies as provided
<br />under the Uniform Commercial Code, as amended and as applicable.
<br />4.2 Request for Notice. Trustor hereby requests that, unless otherwise prescribed by law, a copy of any notice of
<br />default and a copy of any notice of sale pursuant to the Nebraska Trust Deeds Act be mailed to each Trustor at
<br />Trustor mailing address set forth in the Deed of Trust.
<br />5.1 Action by Trustee. Trustee named herein shall be clothed with full power to act when action hereunder shall
<br />be required. The term "Trustee" shall be construed to mean "Trustees" whenever the sense requires. The necessity of
<br />Trustee herein named, or any successor in trust, making oath or giving bond, is expressly waived.
<br />5.2 Employment of Agents. Trustee, or any one acting in its stead, shall have, in its discretion, authority to
<br />employ all property agents and attorneys in the execution of this trust and/or in the conducting of any sale made
<br />pursuant to the terms hereof, and to pay for such services rendered out of the proceeds of the sale of the Mortgaged
<br />Property, should any be realized; and if no sale be made or if the proceeds of sale be insufficient to pay the same,
<br />then Trustor hereby undertakes and agrees to pay the cost of such services rendered to said Trustee. Trustee may
<br />rely on any document believed by it in good faith to be genuine. All money received by Trustee shall, until used or
<br />applied as herein provided, be held in trust, but need not be segregated (except to the extent required by law), and
<br />Trustee shall not be liable for interest thereon.
<br />5.3 Indemnification of Trustee. If Trustee shall be made a party to or shall intervene in any action or proceeding
<br />affecting the Mortgaged Property or the title thereto, or the interest of Trustee or Beneficiary under the Deed of
<br />Trust, Trustee and Beneficiary shall be reimbursed by Trustor, immediately and without demand, for all reasonable
<br />costs, charges and attorneys' fees incurred by them or either of them in any such case, and the same shall be secured
<br />hereby as a further charge and lien upon the Mortgaged Property.
<br />5.4 Successor Trustee. Beneficiary may appoint a successor or replacement Trustee in accordance with the
<br />provisions of the Nebraska Trust Deeds Act.
<br />The warranties, covenants, conditions and other terms described in this Section are incorporated into the Deed of
<br />Trust.
<br />04 -004 ® us bancorp 2013 (rev. 1.1 - 05/2014)
<br />ARTICLE V. TRUSTEE
<br />ARTICLE VI. ADDITIONAL TERMS
<br />Page 6
<br />201405960
<br />219648, vers. 2
<br />
|