200109056
<br />payment or benefit derived under any present or future license, lease, contract or other agreement for use
<br />or possession of the Property, all as provided at Sections 52 -1701 through 52 -1708, Revised Statues of the
<br />State of Nebraska.
<br />SECTION 4. EVENTS OF DEFAULT.
<br />4.01 Events Of Default. It is expressly provided and agreed by Grantor that the
<br />occurrence of any one or more of the following events is hereby defined as (and each of which shall be)
<br />an "Event of Default":
<br />(a) If default shall be made in the payment of any of the Obligations as and when the same
<br />shall become due and payable after applicable notice and cure periods, if any;
<br />(b) If an "Event of Default" or default shall occur as defined or pursuant to any agreement
<br />evidencing or securing the Obligations including, but not limited to, the Letter of Credit, shall occur, or;
<br />(c) If any warranty of Grantor contained herein shall prove to be in any material respect
<br />incorrect or if there shall be any breach of any representation, covenant, agreement or terms hereof which
<br />remains uncured after thirty (30) days notice to Grantor.
<br />SECTION 5. REMEDIES UPON DEFAULT.
<br />Upon the happening of any Event of Default, Grantee may declare the entire unpaid
<br />balance of principal and the accrued interest on the Obligations, and all other sums secured by this Deed
<br />of Trust, without presentment, demand, protest or notice of any kind, all of which are hereby expressly
<br />waived, to be forthwith due and payable, whereupon the same shall become immediately due and payable,
<br />and Grantee may enforce payment of all obligations owed to Grantee, and exercise any and all other rights
<br />and remedies granted to it and the Trustee under any agreements evidencing the Obligations and /or under
<br />any applicable law, including any one or more of the following:
<br />5.01 Possession. Upon demand of Trustee or Grantee, Grantor shall forthwith surrender
<br />to Trustee the actual possession of the Property and it shall be lawful (whether or not Grantor has so
<br />surrendered possession) for Trustee, either personally or by agents or attorneys, forthwith to enter into or
<br />upon the Property and to exclude Grantor, the agents and servants of Grantor, and all parties claiming by,
<br />through or under Grantor, wholly therefrom. Trustee shall be solely and exclusively entitled to possession
<br />of said Property and every part thereof, and to use, operate, manage and control the same, either personally
<br />or by managers, agents, servants or attorneys, for the benefit of Grantee, to the fullest extent authorized
<br />by law; and upon every such entry, the Trustee may, from time to time, at the expense of the Property and
<br />every part thereof, make all necessary and proper repairs and replacements thereto and thereon, as the
<br />Trustee may deem judicious.
<br />5.02 Rents and Income. In addition to all other rights provided for herein, the Trustee or
<br />Grantee, without notice to Grantor, may make demand for and collect and receive all rents and income from
<br />the Property, including rents and income accrued but unpaid prior to the date of such default, and the
<br />10
<br />
|