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201903152 <br />iv. the balance to Beneficiary to be credited, prior to <br />commencement of foreclosure, against the Secured <br />Indebtedness, in such order as Beneficiary may elect, or to be <br />credited, after commencement of foreclosure, to the amount <br />required to be paid to effect a reinstatement prior to foreclosure <br />sale, or to be credited, after a foreclosure sale, to any deficiency <br />and then to the amount required to be paid to effect a <br />redemption, if applicable, pursuant to Nebraska law, with any <br />excess to be paid to Trustor. The receiver shall file periodic <br />accountings as the court determines are necessary and a final <br />accounting at the time of his discharge. Beneficiary shall have <br />the right, at any time and without limitation, as provided by <br />Nebraska law, to advance money to the receiver to pay any part <br />or all of the expenses which the receiver should otherwise pay, <br />if cash were available from the Mortgaged Property, and all <br />sums so advanced, with interest at the Default Rate, shall be a <br />part of the sum required to be paid to redeem from any <br />foreclosure sale. <br />F. Upon the happening of any of the events set forth in paragraph D above, or <br />during any period of redemption after foreclosure sale, and prior to the <br />appointment of a receiver as hereinbefore provided, Beneficiary shall have <br />the right to collect the Rents, issues, profits and other income of every kind <br />from the Mortgaged Property and apply the same in such order and manner <br />as Beneficiary may elect in its sole discretion. Enforcement hereof shall not <br />cause Beneficiary to be deemed a mortgagee in possession, unless it elects <br />in writing to be so deemed. For the purpose aforesaid, Beneficiary may <br />enter and take possession of the Mortgaged Property, manage and operate <br />the same and take any action which, in Beneficiary's judgment, is necessary <br />or proper to conserve the value of the Mortgaged Property. Beneficiary <br />may also take possession of, and for these purposes use, any and all of the <br />Premises and Accessories contained in the Mortgaged Property. <br />G. The costs and expenses (including any receiver's fees and reasonable <br />attorney's fees) incurred by Beneficiary pursuant to the powers herein <br />contained shall be immediately reimbursed by Trustor to Beneficiary on <br />demand, shall be secured hereby and shall bear interest from the date <br />incurred at the Default Rate. Beneficiary shall not be liable to account to <br />Trustor for any action taken pursuant hereto, other than to account for any <br />Rents actually received by Beneficiary. Beneficiary shall have the right to <br />compromise any claim or set-off against rent which any lessee or Tenant <br />may assert pursuant to any of the Leases, and any such compromise shall be <br />binding and enforceable against Trustor, unless Beneficiary acted in a <br />grossly negligent and reckless manner, EXCEPT, HOWEVER, nothing <br />contained in this paragraph shall require Beneficiary to take any action to <br />compromise or settle any such claim. <br />14 <br />