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201901174
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Last modified
12/9/2019 6:26:48 PM
Creation date
2/28/2019 4:07:19 PM
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DEEDS
Inst Number
201901174
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201901174 <br />(c) any indebtedness secured by a lien or charge on the Mortgaged Premises <br />or any part thereof is not paid when due or proceedings are commenced to foreclose or <br />otherwise realize upon any such lien or charge or to have a receiver appointed for the <br />property subject thereto or to place the holder of such indebtedness or its representative in <br />possession thereof; or <br />(d) the Mortgaged Premises is abandoned; or <br />(e) the Lease is purportedly cancelled, terminated, modified (without <br />Beneficiary's prior written consent) or amended (without Beneficiary's prior written <br />consent) in any respect or Lessor initiates any action or proceeding to cancel, terminate, <br />modify (without Beneficiary's prior written consent) or amend (without Beneficiary's <br />prior written consent) the Lease. <br />18. Remedies. When any Event of Default has happened and is continuing <br />(regardless of the pendency of any proceeding which has or might have the effect of <br />preventing Grantor from complying with the terms of this instrument and of the adequacy <br />of the security for the indebtedness hereby secured) and in addition to such other rights as <br />may be available under applicable law, but subject at all times to any mandatory legal <br />requirements: <br />(a) Acceleration. Beneficiary may, by written notice to Grantor, declare the <br />Notes and all unpaid indebtedness hereby secured and any interest then accrued on the <br />indebtedness hereby secured, to be forthwith due and payable, whereupon the same shall <br />become and be forthwith due and payable, without other notice or demand of any kind. <br />(b) Uniform Commercial Code. Beneficiary shall, with respect to any part of <br />the Mortgaged Premises constituting property of the type in respect of which realization <br />on a lien or security interest granted therein is governed by the Uniform Commercial <br />Code, have all the rights, options and remedies of a secured party under the Uniform <br />Commercial Code of Nebraska, including without limitation, the right to the possession <br />of any such property, or any part thereof, and the right to enter without legal process any <br />premises where any such property may be found. Any requirement of said Uniform <br />Commercial Code for reasonable notification shall be met by mailing written notice to <br />Grantor at its address above set forth at least 10 days prior to the sale or other event for <br />which such notice is required. The costs and expenses of retaking, selling, and otherwise <br />disposing of said property, including attorneys' fees and legal expenses incurred in <br />connection therewith, shall constitute so much additional indebtedness hereby secured <br />and shall be payable upon demand with interest at the Default Rate. <br />(c) Foreclosure. Trustee or Beneficiary may proceed to protect and enforce <br />the rights of Trustee and Beneficiary hereunder (i) by any action at law, suit in equity or <br />other appropriate proceedings, whether for the specific performance of any agreement <br />contained herein, or for an injunction against the violation of any of the terms hereof, or <br />in aid of the exercise of any power granted hereby or by law, or (ii) by the foreclosure of <br />this Deed of Trust. <br />-11- <br />
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