Laserfiche WebLink
<br />I <br /> <br />88- 102043 <br />Trustee to abandon the sale, and may then institute suit for <br />the collection of the Secured Indebtedness I and for the <br />foreclosure of the liens ar.d security interests hereof, it may <br />at any time before the entry of a final judgment in said suit <br />dismiss the same, and require the Trustee to sell the Mortgaged <br />Property, or any part thereof, in accordance with the <br />provisions of this Deed of Trust. <br /> <br />4.11 Holder may. f~om time to time, by a written instrument <br />executed and acknowledged by Beneficiary, mailed to Trustor and <br />recorded in the county or counties in which the Mortgaged <br />Property is located and by otherwise complying with the <br />prov i s ions of the app 1 icab Ie laws of the Sta te of Nebras ka <br />substitute a successor or successors to the Trustee named <br />herein or acting hereunder. <br /> <br />4.12 Upon the occurrence of any breach and upon the <br />declaration of default hereunder, Holder shall have the option <br />to foreclose this Deed of Trust in the manner provided by IaN <br />for the foreclosure of mortgages on real property. <br /> <br />ARTICLE V <br /> <br />ASSIGNMENT OF RENTALS <br /> <br />5.1 As used in thi s Deed of Trus t : (a) .. Secondary Lease" <br />means any lease, sublease or other agreement under the terms of <br />which any person other than Trustor has or acqui res any right <br />to occupy or use the Mortgaged Property, or any part thereof, <br />or interest therein; (b) "Lessee" means the lessee, sublessee, <br />tenant or other person having the right to occupy or use a part <br />of the Mortgaged Property, including any minera 1 rights, under <br />a Secondary Lease; and (c) "Rentals" means the rents, royalties <br />and other consideration payable to Trustor by the Lessee under <br />the terms of a Secondary Lease. Reference is made to that <br />certain Assignment of Leases and Rents covering the Mortgaged <br />Property, of even date herewith, by and between Trustor and <br />Beneficiary, pursuant to which Trustor has, among other things, <br />assigned to Beneficiary all Secondary Leases and Rentals. <br />Holder shall be entitled, at Holder's option, to pursue any and <br />all remedies hereunder and/or under the Assignment of Leases <br />and Rents with respect to the Leases and the Secondary Leases. <br /> <br />ARTICLE VI <br /> <br />MISCELLANEOUS <br /> <br />6.1 If the Secured Indebtedness is paid and discharged in <br />full in accordance with the terms of this Deed of Trust and the <br /> <br />- 10 - <br /> <br />L <br /> <br />~ <br /> <br />L <br />