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. 2� 15�8�57
<br /> the recardation of a notice of publi� trust�e sale for the f�reclasure of this Deed af
<br /> Trust pursuant to appli�able Nebraska �aw, or �3� the comrnenCement of an action
<br /> to for�cl�se this D�ed of Trust pursuant to app�icab�e Nebraska law, or �4} the
<br /> camm�ncemen�of any period of redemp�ion after foreclvsure af�his Deed of Trust,
<br /> �en�f ciary shall, in any such e�ent, and at any such tim�, upan application to the
<br /> court of competent�urisdiction in�he caun�y where the Martgaged Property or any
<br /> part thereof is lacated, by an action separate from �he foreciosure, in the
<br /> far�closure action, or by independent actian �it being understovd and agreed that
<br /> the existence of a foreclosure or a fareclosure action �s not a prerequis�te to any
<br /> action for a receiver hereunder}, be entitled as a ma�ter af right, withaut notice
<br /> (notice being hereby expressly waived} and withou� gi�ing bond ta Trustor, to the
<br /> appointment of a receiver for the Mortgaged Property and for the Rents, issues,
<br /> profits and all other income af e�ery kind which shall accrue and be owin� for or
<br /> fr�m the use ar�ccupancy of the Mortgaged Praperty or any part thereof, whether
<br /> before or after fareclosure,or during the fu�l statutory period of redemption,if any.
<br /> E. Beneficiary sha�l be entitled as a matter of right to the appointment af a recei�er
<br /> without regard t�waste,adequacy of the security or solvency of Trustor. The court
<br /> shall d�termine the amount of the bond to lae posted by the recEi�er. The recei�er,
<br /> u�ho shal� be an experien�ed property manager, shall callecr �until the Secured
<br /> Indebtedness is paid in full and, in the case vf a foreclosure sale, during the entire
<br /> redemption period, if any} th� Ren�s, issues, profits and al� ather income of any
<br /> kind from �he Mor�gaged Property, manage the Mvrtgaged Property so as to
<br /> prevent waste, execute leases wi�hin or beyond th� peri�d of th� receivership, if
<br /> appro�ed hy the court, and apply all Rents, 155U�S, prof ts and oth�r income
<br /> colle�ted by him in the follawing order or as otherwise set for�h�n the receivership
<br /> �rder:
<br /> i. ta payment of all reasonab�e fees of the recei�er, if any, approved by
<br /> the court;
<br /> ii. the payment of real property taxes and assessments, insurance
<br /> premiums,utilities and repayment of Tenan�security deposits;
<br /> iii. to expenses for normal maintenance, operation and management of
<br /> the Mortgaged Pr�perty, including but na� Iimited to Beneficiary's
<br /> out-of-pack�t c�sts and aIl ather costs and expenses wh�ch
<br /> Beneficiary is entitled to pay nr incur pursuant �o this Deed of Trust
<br /> andlar the other L�an Dacuments; and
<br /> i�. the balan�e to Beneficiary to be credi�ed, prior to commencement of
<br /> fareclosure, agains� �he Secured Indebtedness, in such order as
<br /> Beneficiary may elect, ar �o be credited, after commencemen� of
<br /> fareclosure, to the arnount required to be paid to effect a
<br /> reinstatement prior t� foreclosure sale, or to be cr�dited, after a
<br /> farec�asure sal�, ta any deficiency and�hen to the amount required �o
<br /> be pa�d to effect a redemption, �f applicable, pursuant to Nebraska
<br /> law, with any excess to be paid to Trustor. The recei�er shall file
<br /> 1�
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