244905829
<br />(i) terminate the license granted to Trustor to collect the Rents (regardless of
<br />whether Beneficiary or Trustee shall have entered into possession of the Property), collect
<br />and sue for the Rents in Beneficiary's own name, give receipts and releases therefor, and
<br />after deducting all expenses of collection, including reasonable attorneys' fees, apply the
<br />net proceeds thereof to any Obligations as Beneficiary may elect;
<br />(ii) make, modify, enforce, cancel or accept surrender of any leases, evict
<br />tenants, adjust Rents, maintain, decorate, refurbish, repair, clean, and make space ready
<br />for renting, and otherwise do anything Beneficiary reasonably deems advisable in
<br />connection with the Property;
<br />(iii) apply the Rents so collected to the operation and management of the
<br />Property, including the payment of reasonable management, brokerage and attorneys'
<br />fees, or to the Obligations; and
<br />(iv) require Trustor to transfer and deliver possession of all security deposits and
<br />records thereof to Beneficiary.
<br />(b) Power of Sale. Beneficiary may require the Trustee, and the Trustee is hereby
<br />authorized and empowered, to enter and take possession of the Frernises and to sell all or
<br />part of the Property in accordance with the Nebraska Trust Deeds Act, as the same may be
<br />hereafter amended or modified. Any sale of the Property shall take place at such place or
<br />places and upon such notice and otherwise in such manner and. upon such terms and
<br />conditions as may be required by law; or, in the absence of any such requirement, as
<br />Beneficiary rz~ay deem appropriate. The Trustee may sell all or any portion of the
<br />Property, together or in lots or parcels, and may execute and deliver to the purchaser or
<br />purchasers of such property a conveyance in fee simple. The Trustee shall receive the
<br />proceeds thereof and, subject to the requirements of the Nebraska Trust Deeds Act, shall
<br />apply the same as follows: (a) first, the payment of the expenses of making, maintaining
<br />and executing this trust, protection of the Property, including the expense of any litigation
<br />and reasonable attorneys' fees, and reasonable compensation to the Trustee; (b) second, to
<br />any advancements made by the Trustee or the Beneficiary pursuant hereto, with interest
<br />thereon; (c) third, to the payment of the Obligations herein secured or intended so to be, in
<br />such order as Beneficiary shall elect, and any balance of said Obligations may be the
<br />subject of immediate suit; (d) and, fourth, should there by any surplus, Trustee will pay it
<br />to the Trustor, or to such person as may be legally entitled thereto. The sale or sales by
<br />Trustee of less than the whole of the Property shall not exhaust the power of sale herein
<br />granted, and the Trustee is specifically empowered to make successive sale or sales under
<br />such power until the whole of the Property shall be sold; and if the proceeds of such sale
<br />or sales of less than the whole of the Premises shall be less than the aggregate of the
<br />Obligations and the expenses thereof, this Deed of Trust and the lien, security interest and
<br />assignment hereof shall remain in full force and. effect as to the unsold portion of the
<br />Property; provided, however, that Trustor shall never have any right to require the sale or
<br />sales of less than the whole of the Property, but Beneficiary shall have the right at its sole
<br />election, to request the Trustee to sell less than the whole of the Property. Beneficiary
<br />#1407888 v6 den Page '7
<br />
|