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<br />38-104345 <br /> <br />foreclose the Mortgage, after the foreclosure sale of the <br />Mortgaged Premises in connection with the foreclosure of the <br />Mortgage, and until expiration of the period of redemption from <br />any such foreclosure sale, whether or not any deficiency from the <br />unpaid balance of the Obligations exists after such foreclosure <br />sale. <br /> <br />1 <br /> <br />4.4 If the Mortgaged Premises are sold at a mortgage <br />foreclosure sale: <br /> <br />a. If Mortgagee is the purchaser at the <br />foreclosure sale, the Rents shall be paid to Mortgagee <br />to be applied to the extent of any deficiency remaining <br />after the sale, the balance to be retained by Mortgagee. <br />In such case, if the Mortgaged Premise are redeemed by <br />Mortgagor or any other party entitled to redeem, the <br />Rents shall be applied first to the items described in <br />Article 4.3, a through g above, and the balance thereof <br />as a credit against the redemption price, with any <br />remaining excess Rents to be paid to Mortgagor. If the <br />Mortgaged Premises are not redeemed, any remaining <br />excess Rents shall belong to Mortgagee, whether or not a <br />deficiency exists; <br /> <br />b. If Mortgagee is not the purchaser at the <br />foreclosure sale, the Rents shall be paid to Mortgagee <br />to be applied first to the extent of any deficiency <br />remaining after the sale, and the balance shall be <br />retained by the purchaser. In such case, if the <br />Mortgaged Premises are redeemed by Mortgagor or any <br />other party entitled to redeem, the Rents received <br />following the date of the foreclosure sale shall be <br />applied as a credit against the redemption price and any <br />remaining excess Rents shall be paid to Mortgagor. If <br />the Mortgaged Premises are not redeemed any remaining <br />excess Rents shall be paid: first to the purchaser at <br />the foreclosure sale in an amount equal to the interest <br />accrued upon the sale price pursuant to Nebraska laws; <br />second to Mortgagee to the extent of any deficiency <br />remaining unpaid; and third, the remainder to the <br />purchaser. <br /> <br />4.5 A receiver appointed pursuant hereto shall have the <br />authority granted to it by Nebraska laws, and without limitation <br />shall be entitled to enter upon, take possession of, manage and <br />operate the Mortgaged Premises; make, enforce, modify and accept <br />the surrender of Leases; obtain or evict tenants; fix ot modify <br />Rents and do any acts which the receiver deems proper to protect <br />the Mortgaged Premises; sue for or otherwise collect and receive <br />all Rents, including those past due and unpaid, and enforce all <br />rights of Mortgagor under the Leases; make any repairs or <br />alterations and improvements to the Mortgaged Premises or any <br />part thereof which the receiver deems proper; order, purchase, <br />cancel, modify, amend and/or in any and all ways control and deal <br /> <br />-7- <br /> <br />L.....I <br />