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2� 15�8�57
<br /> periodic accountings as the court determines are necessary and a final
<br /> accounting at the time of his dischar�e. Beneficiary shall have the
<br /> righ�, at any time and withvut lirnitation, as provided by Nebraska
<br /> law, ta advance maney to the rec�i�er to pay any part or all of the
<br /> expenses which �he re�ei�er should o�herwise pay, if cash were
<br /> . a�ailable from the Mortgaged Praper�y, and alI sums so ad�anced,
<br /> with interest at the Defaul�Rate, shall be a par�of�he sum required to
<br /> be paid to redeem fr�m any foreclasure sale.
<br /> F. Upon�he happening of any of the e�ents set forth in paragraph D abov�, or during
<br /> any periad of redemption after foreclasure sale, and priar to th� appointment of a
<br /> recei�er as hereinbefore provided, Beneficiary shall have the right ta collect the
<br /> Rents, 155Li�5,profits and other incorne of every kind from the Mortgaged Proper�y
<br /> and apply the same in such order and manner as Benef ciary may elect in its sole
<br /> discretion. Enforcemen� hereof shall not eause B�neficiary to be deemed a
<br /> mortgagee in pnssessian, unless it elects in �uri�ing t� be so deem�d. For the
<br /> purpose aforesaid, Beneficiary may enter and take possession �f the Mortgag�d
<br /> Praperty,manage and operate the same and take any action which, in Benef ciary's
<br /> - j udgmen�, �s necessary or proper to cons�r�� the value of the Mortgaged Property.
<br /> Benef ciary may als� take possession of, and far these purposes use, any and al� of
<br /> the Premises and ACcessaries contained in the Mortgaged Property.
<br /> G. The casts and expenses �including any rec���er's fees and reasonable attorney's
<br /> fees} incurred by Beneficiary pursuant t❑ the pawers herein contained shall be
<br /> - imrn�diately reiml�ursed by Trus�or to Beneficiary on demand, shall be secured
<br /> hereby and shall bear interest from the date incurred at the Default Rate.
<br /> Beneficiary shall not be liable ta accaunt to Trustor for any ac�ian taken pursuant
<br /> hereto, other than to account far any Rents actually received by Beneficiary.
<br /> Benef ciary shall have the right to cornpromise any claim ar set-off against rent
<br /> which any lessee ar Tenan�may assert pursuant to any of the Leases, and any such
<br /> compromise shall be binding and �nforceable against Trustar, unless Beneficiary
<br /> acted in a grassly negligent and reckless manner, EXCEPT, H�WEVER, nathing
<br /> contained in this paragraph shall require Beneficiary ta take any action t�
<br /> cornpromis�flr settl�any such claim.
<br /> H. Trustor shall not, withaut the prior wri�ten cansent of Beneficiary first obtained,
<br /> further assign the Ren�s, 155�1�5 ar prafits or deposi�s from, or relating to, the
<br /> M�rtgaged Property, and any such assignment without the prior written consent nf
<br /> Beneficiary shall be nuli,�aid and�f na force or�ffect.
<br /> Section 2.9 -Personal Pro ert Securi In�erest.
<br /> A. In addi�ion to creating a lien against the Mortgag�d Property, this Deed of Trust
<br /> canstitu�es a security agr�ement and is intended to, and Trustor daes hereby assign
<br /> and grant and ereate a security interest in favar of Beneficiary in all pr�per�y,
<br /> fixtures, equipment, leases, Rents, issu�s, income, profi�s, personal property,
<br /> instrumen�s, inventory, general intangibl�s, payment intangibles, inves�ment
<br /> property, chattel paper dacuments, letter of credit rights, supparting ob�igations,
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