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202109902
<br />answer in bankruptcy as a debtor or seeking reorganization or an arrangement or otherwise to
<br />take advantage of any State or Federal bankruptcy or insolvency law, (iii) makes an assignment
<br />for the benefit of creditors, (iv) files a petition for or consents to the appointment of a receiver
<br />for its assets or any part thereof, or (v) without its consent has a petition filed in any bankruptcy
<br />or insolvency proceeding or an order, decree or judgment entered by a court of competent
<br />jurisdiction appointing a receiver of the Property or approving a petition filed against it seeking
<br />reorganization or an arrangement of it or its assets or debts under any bankruptcy or insolvency
<br />law and such petition, order, decree or judgment is not dismissed, vacated, set aside or stayed
<br />within sixty (60) days from the date of entry.
<br />ARTICLE III
<br />REMEDIES
<br />Upon the occurrence of any Event of Default, which is not cured within any applicable
<br />grace or curative period, Trustee and Beneficiary shall have the following rights and remedies:
<br />3.01 Acceleration. Beneficiary may, without further notice, declare the Obligations
<br />(even if not then due and payable), and all other sums secured by this Deed of Trust, to be due
<br />and payable immediately, and said sums shall thereupon become and be immediately due and
<br />payable without presentment, demand, protest or notice of any kind.
<br />3.02 Beneficiary Powers. Irrespective of whether Beneficiary exercises the option
<br />provided in Section 3.01 above, Beneficiary in person or by agent may, without any obligation so
<br />to do and without notice or demand upon Trustor and without releasing Trustor from any
<br />obligation hereunder: (i) make any payment or do any act which Trustor has failed to make or
<br />do; (ii) enter upon, take possession of, manage and operate the Property or any part thereof; (iii)
<br />exclude or evict Trustor from the Property; (iv) make or enforce, or, if the same be subject to
<br />modification or cancellation, modify or cancel any leases of the Property, or any part thereof,
<br />upon such terms or conditions as Beneficiary reasonably and in good faith deems proper; and (v)
<br />obtain and evict tenants, and fix or modify rents, make repairs and alterations and do any acts
<br />which Beneficiary deems proper to protect the security hereof. Upon request of Beneficiary,
<br />Trustor shall assemble and make available to Beneficiary at the Property any of the Property
<br />which has been removed therefrom. The entering upon and taking possession of the Property
<br />and the application thereof as aforesaid shall not cure or waive any default theretofore or
<br />thereafter occurring or affect any notice of default hereunder or invalidate any act done pursuant
<br />to any such notice. Trustee or Beneficiary shall be entitled, at their election and without notice,
<br />to the appointment of a receiver or receivers for the Property; provided, however, that any of
<br />the actions referred to in this Section 3.02 may be taken by Beneficiary, either in person or by
<br />agent, with or without bringing any action or proceeding, or by receiver, and any such action may
<br />also be taken irrespective of whether any notice of default or election to sell has been given
<br />hereunder and without regard to the adequacy of the security for the indebtedness hereby
<br />secured. Further, Beneficiary, at the expense of Trustor, either by purchase, repair or
<br />construction, may from time to time maintain and restore the Property, or any part thereof, and
<br />complete construction of the Improvements uncompleted as of the date thereof and in the
<br />course of such completion may make such changes in the contemplated Improvements as
<br />Beneficiary may deem desirable and may insure the same.
<br />3.03 Foreclosure. Beneficiary may bring an action in any court of competent
<br />jurisdiction to foreclose this Deed of Trust or to enforce any of the covenants and agreements
<br />hereof.
<br />3.04
<br />as follows:
<br />Power to Sell. Beneficiary may elect to sell the Property, or any part thereof,
<br />(a) If Beneficiary elects to exercise its power of sale with respect to the Property,
<br />or any part thereof, Trustee shall record a notice of default in each county in which any
<br />part of such Property is located and shall mail copies of such notice in the manner
<br />Borrower: Las Villas Transport LLC
<br />Property Owner: Juan Diaz Valdez and Nancy Lizbeth Sanchez
<br />Address: 1810 S Blaine, Grand Island, NE 68803
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