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201503758
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Last modified
6/5/2015 4:35:30 PM
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6/5/2015 4:35:28 PM
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DEEDS
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201503758
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201503' <br />(2) paying, purchasing, contesting or compromising any encumbrance, charge, lien or claim of lien which in <br />Trustee's or Beneficiary's judgment is or may be senior in priority to this deed of trust, such judgment of Trustee or <br />Beneficiary to be conclusive as among the parties to this deed of trust; (3) obtaining insurance and /or paying any <br />premiums or charges for insurance required to be carried under the Loan Agreement; (4) otherwise caring for and <br />protecting any and all of the Property; and /or (5) employing counsel, accountants, contractors and other <br />appropriate persons to assist Trustee or Beneficiary. Beneficiary may take any of the actions permitted under this <br />Section 8.02 either with or without giving notice to any person. Notwithstanding the foregoing, in no event will <br />Trustee or Beneficiary have any obligation to take any of the actions set forth in this subparagraph (d). <br />(e) Uniform Commercial Code Remedies. Beneficiary may exercise any or all of the <br />remedies granted to a secured party under the UCC. To the extent that Applicable Law imposes the duty on <br />Beneficiary to exercise remedies in a commercially reasonable manner, Trustor acknowledges and agrees that it is <br />not commercially unreasonable for Beneficiary to: (1) fail to incur expenses reasonably deemed significant by <br />Beneficiary to prepare the Personalty for disposition or to fail to complete raw material or work in process into <br />finished goods or other finished products for disposition; (2) fail to exercise collection remedies against account <br />debtors or other persons obligated on the Personalty (directly or through the use of collection specialists), or to fail <br />to remove liens, encumbrances or adverse claims against the Personalty; (3) advertise dispositions of the <br />Personalty through publications or media of general circulation, whether or not the Personalty is of a specialized <br />nature; (4) contact Persons for expressions of interest in acquiring all or any portion of the Personalty; (5) hire <br />professional auctioneers to assist in the disposition of the Personalty, whether or not the Personalty is of a <br />specialized nature; (6) dispose of the Personalty by utilizing Internet sites that provide for or are reasonably <br />capable of the auction of assets of the types included in the Personalty; (7) dispose of the Personalty in wholesale <br />rather than retail markets; (8) disclaim disposition warranties; (9) purchase insurance or credit enhancements to <br />insure Beneficiary against risks of Toss, collection or disposition of the Personalty or to provide to Beneficiary a <br />guaranteed return from the collection or disposition of the Personalty; or (10) sell any Personalty jointly with any <br />of the Property or to sell any Personalty in a sale separate from a sale of any of the Property. Trustor <br />acknowledges that the purpose of this Section 8.02(e) is to provide a non - exhaustive indication of what actions or <br />omissions by Beneficiary would fulfill Beneficiary's duties under the UCC in Beneficiary's exercise of remedies <br />against the Personalty, and that other actions or omissions by Beneficiary shall not be deemed to fail to fulfill such <br />duties solely on account of not being expressly included or indicated in this Section 8.02(e). <br />(f) Power of Sale. Beneficiary may cause some or all of the Property, including any <br />Personalty, to be sold or otherwise disposed of in any combination and in any manner permitted by the Nebraska <br />Trust Deeds Act, Neb Rev. Stat. §§ 76 -1001, et. seq, or other Applicable Law. <br />(g) Judicial Action. Beneficiary may bring an action in any court of competent jurisdiction to <br />foreclose this deed of trust in the manner provided under Applicable Law for the foreclosure of mortgages on real <br />property or to obtain specific enforcement of any of the covenants or agreements of this deed of trust. <br />(h) Sales of Personal Property. Beneficiary may elect to treat as Personalty any Property <br />which is intangible or which can be severed from the Land or Improvements without causing structural damage. If <br />it chooses to do so, Beneficiary may dispose of any Personalty separately from the sale of real property, in any <br />manner permitted by Article 9 of the UCC, including any public or private sale, or in any manner permitted by any <br />other Applicable Law. Any proceeds of any such disposition shall not cure any Event of Default or reinstate any <br />Secured Obligation. <br />(1) Single or Multiple Foreclosure Sales. If the Property consists of more than one lot, <br />parcel or item of property, in connection with any sale of the Property described in or permitted under this Section <br />8.02, Beneficiary may: (1) designate the order in which the lots, parcels and /or items shall be sold or disposed of or <br />offered for sale or disposition; and (2) elect to dispose of the lots, parcels and /or items through a single <br />Willoughby <br />Deed of Trust, Assignment of Rents, Security Agreement, and Fixture Filing <br />Loan no. 197694 <br />13 <br />Rev. 1.7.2015 <br />
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