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200306662 occurs, the right of Trustor to collect the Rents and to manage tilt Premises shill thereupon automatically Terminate and such right, together with otter rights, powers and authorizations contained herein, shall belong exclusively to the Beneficiary. This assigranen confers upon the Beneficiary a power coupled with an interest and carmut be revoked by the Trustor Upon the occurrence of a default, the Beneficiary, at its option without notice and without seeking or obtaining the appointment of a receiver or taking actual possession of the Premises may (a) give notice to any Wombs) that the tenam(s) should begin makes payments under their lease agreement(s) directly to the Beneficiary or its designee; (b) commence a foreclosure action and file a motion for appointment of a receiver; or (c) give notice to the Truster that the Truster should collect all Rents arising from the Premises and remit them to the Beneficiary upon collection and that We TrusWr should enforce the terms of the leasc(s) to cloture prompt payment by tenant(t) under the lease(s). All Reins received by the Tmstor shall be held in trust by the Trustor for the Beneficiary. All such payments received by the Beneficiary may be applied in any mother as the Beneficiary determines to payments required under this Deed of Tryst, the Loan Documents and the Obligations. The Trustor agrees tm hold each tenon harmless from actions relating to tour s payment of Rents to the Beaeticury. 2.13 Fixture Filing. Prom die date of its recording, this Decd of Trust shall be effective as a financing statement filed as a fixture filing under the Uniform Commercial Code with respect to the Improvements and for this purpose the name and address of the debtor is the tome and address of the Truster as set forth in this Deed of Trust and the name and address of the secured party is the name and address of the Beneficiary as set forth in this Decd of Trust. The Property includes goods which are or may become so affixed to real property as to become fixtures and products and proceeds of the Property. If any of the Property is of a nature such Unit a security interest therein can be perfected under the Uniform Commercial Code, this Deed of Trust shall also constitute the grant of a security interest to the Beneficiary ai serve at a Security Agreement, and Tmstor authorizes the tiling of any financing states arms and agrees to execute other itsstrmnents that may be required for the further specification, perfection or renewal of such security interest. ARTICLE M. RIGHTS AND DUTIES OF THE BENEFICIARY In addition to all older rights frooluding setoff) and duties of the Bencfmiary under the Loan Documents which are expressly incorporated herein as a part of this Decd of Trust, the following provisions will also apply: 3.1 Beneficiary Authorized to Perform for Trustor. If the Trustor fails to perform any of the Trustor's duties or covenants sot forth in this Deed of Trust, the Beneficiary may perform The duties or cause them to be saf mired, including, without limitation, signing the Tmsfor's name or paying any amount so required, and the cost, with interest at the default rate set forth in the Loan Documents, willumned ately be due from the Trawor to the Beneficiary front the date of expenditure by the Beneficiary to date of payment by the Trustor, and will be one of the Obligations secured by this Deal of Trust. All acts by the Beneficiary are hereby ratified and approved, and the Beneficiary willwt be liable for any acts of commission or omission, nor for any errors ofjudgmenc or mistakes of fact of law. ARTICLE IV. DEFAULTS AND REMEDIES The Beneficiary may enforce its rights and remedies under this Deed of Trost upon default A default will occur ifthe Toaster fails to comply with the terms of any Loan Document., (including this Deed of Trust or any guaranty by the Tmstor) or a demand for payment is made under a demand loan, or the Trustor defauhs on any other mortgage affecting the Land, or ifany other obligor fails to comply with the terms of any Loan Docunhcnts for which the Truster has given the Beneficiary a guaranty or pledge. Upon the ecourn ence of a default the Beneficiary may declare the Obligations to be iturad ittely due and payable. 4.1 Remedies. In addition to the remedies for default set forth below and in the other Loan Documents, including acederation, the Bencfmiary upon default willhave all other rights and remedies for default available by law or equity. Upon a defanlq Beneficiary may exercise the following remedies: (a) Enforcement of A .,aignment of Rents and Leases. Beneficiary may: O Withhold, the license granted to Trustor in collect the Rents (regardless of whether Beneficiary or Trustee shall have entered into possession of the Property), collect and sue for the Rents in Beneficiary's own name, give receipts and releases therefor, and after deducting all expenses of collection, including reasonable attorneys' fees, apply The net proceeds noroof to any Obligations as Beneficiary may elect, (1) make, medif'y, enforce, cancel or accept surrender of any leases, evict tenants, adryat Rents, maintain, doccrafe, refurbish. repair, clean, and make space ready for renting, and otherwise do anything Beneficiary reasonably deems advisable in connection with tom Property; (oil apply the Reins so collected to the operation and management of the Property, including the payment of reasonable management, brokerage am] attorneys' fees, or to the Obligations; and (iv) require Tmstor to transfer and deliver possession of all security deposits and records thereof to Beneficiary. (b) Power of Sale. Beneficiary may require the Trustee, and Um Trustee is hereby authorized and empowered, to enter and mkc possession of the Premises and to soil all or part of the Property in accordance wild the Nebraska Trost Deeds Act. as the same may be hereafter amended or modified. The Trustee may sell all or any portion of the Property, Together or in lots or parcels, and 1514N8 Page 4 of 8 fool