Laserfiche WebLink
Agreement, whereupon the same shall become immediately due and payable, and <br />without presentment, protest, demand or other notice of any kind, all of which are <br />hereby expressly waived by Grantor. No omission to exercise such option when <br />entitled to do so shall be construed as a waiver of such right. <br />18. Rights and Remedies. <br />(a) Foreclosure and other Remedies. Upon the occurrence and during <br />the continuation of any Event of Default, and whether or not Beneficiary shall <br />have accelerated the maturity of the Secured Obligations pursuant to Paragraph 17 <br />hereof or otherwise, Trustee, at its option, may: <br />(i) institute an action of mortgage foreclosure whether by sale, <br />entry or in any other manner provided for hereunder or under the laws of <br />the State of Nebraska, or take such other action at law or in equity for the <br />enforcement of this Deed of Trust and realization on the Mortgaged <br />Property or any other security herein or elsewhere provided for, as <br />Applicable Law may allow, and may proceed therein to final judgment <br />and execution for the entire unpaid balance of the Secured Obligations, <br />with interest at the rate(s) stipulated in the Loan Agreement, together with <br />all other sums due from Grantor and the other Loan Parties in accordance <br />with the provisions of the Loan Agreement and this Deed of Trust, <br />including all sums which may have been loaned by the any Credit Party to <br />Grantor and the other Borrowers after the date of this Deed of Trust, all <br />sums which may have been advanced by any Credit Party for taxes, water, <br />or sewer rents, other lienable charges or claims, insurance or repairs or <br />maintenance after the date of this Deed of Trust (including the period after <br />the entry of any judgment in mortgage foreclosure or other judgment <br />entered pursuant to this Deed of Trust or any other Loan Document), and <br />all costs of suit, including counsel fees. Grantor authorizes Trustee at its <br />option to foreclose this Deed of Trust, subject to the rights of any tenants <br />under the Property Leases, and the failure to make any such tenants parties <br />defendant to any such foreclosure proceedings and to foreclose their rights <br />will not be asserted by Grantor as a defense to any proceedings instituted <br />by Trustee to recover the indebtedness secured hereby or any deficiency <br />remaining unpaid after the foreclosure sale of the Property; however, <br />nothing herein contained shall prevent Grantor from asserting in any <br />proceedings disputing the amount of the deficiency or the sufficiency of <br />any bid at such foreclosure sale that any such tenants adversely affect the <br />value of the Property; <br />(ii) either with or without entering upon or taking possession of <br />the Property, demand, collect and receive any or all Revenues; <br />(iii) either with or without entering upon or taking possession of <br />the Property, and without assuming any obligations of Grantor thereunder, <br />17 <br />MA <br />