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200806031
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Last modified
12/2/2008 10:17:22 AM
Creation date
7/14/2008 3:15:46 PM
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DEEDS
Inst Number
200806031
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<br />200806031 <br /> <br />(vii) apply all or any portion of the Mortgaged Property, or the proceeds thereof, <br />towards (but not necessarily in complete satisfaction of) the Secured Obligations, in the <br />manner set forth in Section 8.03 of the Credit Agreement; and <br /> <br />(viii) exercise any other right or remedy of a Beneficiary or Credit Party under the <br />laws of the State of Nebraska. <br /> <br />(b) If an Event of Default shall have occurred and be continuing, Beneficiary, upon <br />application to a court of competent jurisdiction, shall be entitled as a matter of strict right without notice <br />and without regard to the occupancy or value of any security for the Secured Obligations or the solvency <br />of any party bound for its payment, to the appointment of a receiver to take possession of the Mortgaged <br />Property and to operate the Property and to collect and apply the Revenues. The receiver shall have all of <br />the rights and powers permitted under the laws of the State of Nebraska. Grantor will pay to Beneficiary <br />upon demand, all expenses, including receiver's fees, attorneys' fees, costs and agent's compensation, <br />incurred pursuant to such appointment and all such expenses shall be included in the Secured Obligations <br />and shall accrue interest at the Default Rate. <br /> <br />(c) Grantor waives any right to require the marshaling of any of its assets in connection <br />with any disposition conducted pursuant hereto. In the event all or part of the Mortgaged Property is <br />included at any foreclosure sale conducted pursuant hereto, a single total price for the Mortgaged <br />Property, or such part thereof as is sold, may be accepted by Beneficiary with no obligation to distinguish <br />between the application of such proceeds amongst the property comprising the Mortgaged Property. <br /> <br />(d) In connection with the exercise by Beneficiary of the rights and remedies provided <br />for in Para!U'aph 14(a)(ii): <br /> <br />(i) Beneficiary may notify any tenant, lessee or licensee of the Property, either <br />in the name of Beneficiary or Grantor, to make payment of Revenues directly to <br />Beneficiary or Beneficiary's agents, may advise any person of Beneficiary's interest in <br />and to the Revenues, and may collect directly from such tenants, lessees and licensees all <br />amounts due on account of the Revenues; <br /> <br />(ii) At Beneficiary's request, Grantor will provide written notification to any or <br />all tenants, lessees and licensees of the Property concerning Beneficiary's interest in the <br />Revenues and will request that such tenants, lessees and licensees forward payment <br />thereof directly to Beneficiary; <br /> <br />(iii) Grantor shall hold any proceeds and collections of any of the Revenues in <br />trust for Beneficiary and shall not commingle such proceeds or collections with any other <br />funds of Grantor; and <br /> <br />(iv) Grantor shall deliver all such proceeds to Beneficiary immediately upon the <br />receipt thereof by Grantor in the identical form received, but duly endorsed or assigned <br />on behalf of Grantor to Beneficiary. <br /> <br />(e) In connection with the exercise of Beneficiary's rights under Paragraph 14(a)(v), <br />Beneficiary may enter upon, occupy, and use all or any part of the Property and may exclude Grantor <br />from the Land and the Improvements or portion thereof as may have been so entered upon, occupied, or <br />used. In the event Beneficiary manages the Land and the Improvements in accordance with ParalZraph <br />14(a)(ix), Grantor shall pay to Beneficiary on demand a reasonable fee for the management thereof in <br />addition to the Secured Obligations. Further, Beneficiary may make such alterations, renovations, repairs, <br /> <br />9 <br />
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