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20 1804441 <br />Grantor or any other obligor to pay or perform the Obligations. (b) Remedies. If an Event of Default shall have <br />occurred, Beneficiary may (personally or by attorney or receiver) (A) declare the Obligations to be due and payable <br />immediately by written notice to Grantor and any other lessees under the Lease Documents, and upon such declaration <br />all Obligations shall become due and payable immediately; (B) take immediate possession of the Trust Estate or any <br />part thereof, collect and receive all credits, accounts and bills receivable of Grantor and all rents, income, revenues, <br />profits and proceeds pertaining to or arising therefrom, and control and operate the Trust Estate; (C) protect and <br />enforce the rights of Grantor and Beneficiary in any court, whether for specific performance or in aid of execution of <br />any power herein granted or for foreclosure hereof or for the sale of the Trust Estate, or any part thereof, or to collect <br />the Obligations or for enforcement of such other or additional appropriate legal or equitable remedies as may be <br />deemed necessary or advisable to protect and enforce rights and remedies herein granted, and if any such action or <br />suit is instituted, Beneficiary shall have the right to have appointed a receiver for all or any portion of the Trust Estate <br />and for all rents, income, revenues, profits and proceeds pertaining thereto or arising therefrom, and such receiver <br />shall have all usual powers and duties of receivers in like and similar cases, to the fullest extent permitted by law, and <br />if application shall be made for appointment of a receiver, Grantor hereby expressly consents to such appointment ex <br />parte; (D) request Trustee to sell or cause to be sold the Trust Estate or any part thereof, and all right, title, interest, <br />claim and demand of Grantor therein or thereto, at public auction at such place in any county in which the property or <br />part thereof to be sold is located, at such time, upon such notice, and upon such terms as may be specified in a notice <br />of sale, which shall state the time and place where the sale is to be held, contain a brief description of the property, <br />and be given by mailing a copy thereof to Grantor at least 15 days prior to the date fixed for such sale and by publishing <br />the same once in each week for two successive calendar weeks prior to the date of such sale in a newspaper of general <br />circulation published in said county or, if no such newspaper is published, in a newspaper of general circulation in <br />such county, the first such publication to be not less than 15 days nor more than 30 days prior to the date fixed for <br />such sale. Any sale to be made under this Section V(b)(D) may be adjourned from time to time by announcement at <br />the time and place appointed for such sale or for such adjourned sale or sales, and without further notice or publication <br />the sale may be had at the time and place to which the same shall be adjourned. Notwithstanding the foregoing, in the <br />event another or different notice of sale or another or different manner of conducting the same shall be required by <br />law, the notice of sale shall be given or the sale be conducted, as the case may be, in accordance with the applicable <br />provisions of law; and (E) exercise any or all of the rights and remedies available to a secured party under the Nebraska <br />Uniform Commercial Code in such order and in such manner as Beneficiary, in its sole discretion, may determine. <br />Costs and expenses incurred by Beneficiary or Trustee in the exercise of any remedy provided in this Deed shall be <br />secured by this Deed. (c) <br />Application of Proceeds. Any proceeds or funds arising from the exercise of any rights or enforcement of any <br />remedies herein provided after payment or provision for payment of all costs and expenses in connection therewith <br />shall be applied to the Obligations in such order and manner as Beneficiary shall elect in its sole discretion, and the <br />balance, if any, shall be paid to whomsoever shall be entitled thereto. (d) Waiver of Appraisement Rights. Grantor, <br />for itself and all who may claim through or under it, hereby waives and covenants that it will not at any time claim or <br />take the benefit of any appraisement, valuation, stay, extension or redemption laws now or hereafter in force in any <br />locality where any of the Trust Estate may be situated, in order to prevent, delay or hinder enforcement or foreclosure <br />of this Deed, or the sale of the Trust Estate, or any part thereof, or the final and absolute putting into possession thereof <br />of the purchaser or purchasers thereat. <br />SECTION VI. POSSESSION UNTIL DEFAULT; SATISFACTION. (a) Possession Until Default. Until an <br />Event of Default shall have occurred, Grantor shall be permitted to retain possession of the Trust Estate, and manage, <br />operate and use the same, with the rights and franchises appertaining thereto, subject to the provisions of this Deed. <br />(b) Satisfaction. If Grantor (or other lessees) shall timely pay or cause to be paid the Obligations and all other sums <br />payable by Grantor hereunder, and shall perform all covenants herein and in all Lease Documents, and there are no <br />further obligations to make advances to Grantor, then all property, rights and interest hereby conveyed or assigned or <br />pledged shall, upon written request of Grantor, revert to Grantor and the estate, right, title and interest of Beneficiary <br />shall thereupon cease, and Beneficiary, at Grantor's cost and expense, shall enter satisfaction of this Deed. <br />SECTION VII. FIXTURE FILING; SECURITY AGREEMENT. This Deed shall constitute a "fixture filing" and <br />a "security agreement" under the Nebraska Uniform Commercial Code, as amended or recodified from time to time, <br />against all of the Trust Estate which is or is to become fixtures or personal property, as applicable. Information <br />concerning the Liens herein granted may be obtained at the addresses of Grantor and Beneficiary as set forth above. <br />Beneficiary is hereby authorized to file one or more Uniform Commercial Code financing statements naming Grantor <br />as "debtor" in order to perfect any or all of the Liens granted herein. <br />NE FCL 3 <br />