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20�oo�9i7 <br />(D) an "Event of Default" shall have occurred under the Credit Agreement nr <br />any other Debt Instrument, or if any such agreement does not contain specified "Events of <br />Default," the Grantor shall breach or be in default oF the Credit Agreement or any other Debt <br />Instrument; and <br />(E) if pursuanC to Nebraska Revised Statute 76-238.01, the Grantor shall notify <br />the Beneficiary or any Secured Creditor af the Grantor's election to terminate or lirnit the operation <br />of this Deed of Trust as security for future advances or future obligations, or record any such <br />docuinent. <br />Section 4.02. Acceleration of Maturity. If an Event of Default shall have occu� and <br />be continuing, the Bene�ciary may declare the Indebtedn�ss to be due and payable immediately <br />by a notice in writing to the Grantor, and upon such declaratian, all Indebtedness shall become <br />due and payable irnmediately, anything contained herein or in any of the Debt Instruments to the <br />contrary notwithstanding. <br />Section 4.03. Remedies of the Beneficiary. If one or more Events of Default shall <br />occur and be continuin�, the Beneficiary (personally or by attorney), in its discretion, may: <br />(A) take immediate possessian of the Trust Estate, collect and receive all <br />credits, outstanding accaunts and bills receivable of the Grantor and all rents, income, revenues, <br />profits and praceeds pertaining to or arising from the Trust Estate, or any part thereof, whether <br />then past due or accruing thereafter, and issue binding receipts therefor, and manage, control and <br />operate the Trust Estate as fully as the Grantor might do if in possessinn thereof, including, <br />without limitation, the making of all repairs or replacements deemed necessary or aclvisable; <br />(B) proceed to protect and enforce the rights af the Grantor and the rights of <br />the Bene�ciary by suits or actions in equity or at law in any court or courts of competent <br />jurisdiction, whether for specific perfnrmance of any covenant or any agreement contained <br />herein or in any Debt Instrument or in aid of the execution of any power herein granted or for t}ae <br />foxeclosure hereof or hereunder or for the sale of the Trust Estate, or any part thereaf; ar to <br />collect the debts hereby secured or for the enforcernent of such other or additinnal appropriate <br />legal or equitable remedies as may be deerr►ed necessary or advisable to protect and enforce the <br />rights and remedies herein granted or canferred, and in the event of the institution of any such <br />action nr suit, the Bene�ciary shall have the right to have appointed a receiver af the Trust Estate <br />and of all rents, income, revenues, profits and proceeds pertaining thereto or arising therefro�n, <br />whether then past due or accruing after the appointment of such z'eceiver, derived, rec�ived or <br />had from the time of the comrnencement of such suit or action, and such receiver shall have all <br />the usual powers and duties of receivers in like and similar cases, to the fullest extent permitted <br />by law, and if application shall be made for the appointrnent of a receiver, the Grantor hereby <br />expressly consents that the court to which such application shall be made rnay make said <br />appointment ex parte; and <br />(C) request the Trustee to sell or cause to be sold all of the Trust Estate or any <br />part thereof, and all right, title, interest, claim and demand of the Grantor thereira or thereto, at <br />public auctinn at such place in any caunty in which the property to be sold, or any part thereaf, is <br />located, at such time, upon such notice, and upan such terms as may be specified in a notice of <br />1Q <br />