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201503940
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Last modified
7/21/2017 2:41:41 AM
Creation date
6/15/2015 9:21:06 AM
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DEEDS
Inst Number
201503940
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201503940 <br /> time thereafter, either before or after sale,without notice and without requiring bond, and <br /> without regard to the solvency or insolvency of any person liable for payment of the <br /> Obligations Secured, and without regard to the then value of the Trust Property or the <br /> occupancy thereof as a homestead, appoint a receiver(the provisions for the appointment <br /> of a receiver and assignment of rents being an express condition upon which the loans <br /> and other financial accommodations hereby secured are made) for the benefit of the <br /> Secured Parties, with power to collect the Rents, due and to become due, during such <br /> foreclosure suit and the full statutory period of redemption notwithstanding any <br /> redemption. The recei��er, out of the Rents when collected, may pay reasonable costs <br /> incurred in the management and operation of the Real Property, prior and subflrdinate <br /> liens, if any, and taaces, assessments, water and other utilities and insurance, then due or <br /> thereafter accruing,and may make and pay for any necessary repairs to the Real Property, <br /> and may pay any part of the Obligations Secured in accordance with the Loan Agreement <br /> or any deficiency decree entered in such foreclosure proceeding. Upon or at any time <br /> after the filing of a suit to foreclose this Deed of Trust, the court in which such suit is <br /> filed shall have full power to enter an order placing the Agent in possession of the Real <br /> Property with the same power granted to a receiver pursuant to this clause b and with all <br /> other rights and privileges of a mortgagee-in-possession under applicable law. <br /> (c) Agent's Ri�ht to Enter and Take Possession,O�erate and Applv Income. The <br /> Agent shall, at the direction of Required Lenders (as defined in the Loan Agreeinent) or <br /> at its option, have the right, acting through its agents or attorneys or a receiver, with <br /> process of law, to enter upon and take possession of the Real Property, to expel and <br /> remove any persons, goods or chattels occupying or upon the same, to collect or receive <br /> all the Rents, to manage and control the Real Property, to lease the Real Property or any <br /> part thereof, from time to time, and, after deducting all reasonable attorneys' fees and <br /> expenses of outside counsel, and all reasonable expenses incurred in the protection, care, <br /> maintenance, management and aperation of the Real Property, to distribute and apply the <br /> remaining net income in such arder and to such of the Obligations Secured in accordance <br /> with the Loan Agreement or any deficiency decree entered in any foreclosure proceeding. <br /> (d) Foreclosure as MortQa�e. This instrument shall be effective as a mortgage as <br /> well as a deed of trust and upon the occurrence of an Event of Default may be foreclosed <br /> as to any of the Real Property in any manner permitted by the laws of the State of <br /> Nebraska or of any other state in which any part of the Real Property is situated, and any <br /> foreclosure suit may be brought by the Trustee or by the Agent. <br /> (e) Grantor, on its own behalf and on behalf of each party hereto, hereby requests a <br /> copy of any notice of default and a copy of any notice of sale hereunder be mailed to <br /> them at the applicable address provided in the first paragraph of this Deed of Trust. <br /> 8. Apnlication of the Rents or Proceeds from Foreclosure or Sale. Subject to the <br /> requirements of applicable law, the proceeds or avails of any trustee or foreclosure sale and al1 <br /> moneys received by Agent pursuant to any right given or action taken under the provisions of <br /> this Deed ofTrust shall be applied as fallows: <br /> 716530428 14447759 $ <br />
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