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RE-R��ORD� �'��
<br />��� 20�.�0491�
<br />20:��055�4
<br />Section 5.1 Certain Remedies. If a default sha11 occur, Beneficiary may (but shall have no obligation
<br />to) exercise any one or more of the following remedies:
<br />(a) Acceleration. With respect to any Obligations other than any Obligation which is payable on
<br />demand, Beneficiary may at any tnne and from time to time declare any or all of such Obligations immediately due
<br />and payable and such Obligarions shall thereupon be immediately due and payable, with presentment, demand,
<br />protest, notice or protest, notice of acceleration or of intention to accelerate or any other norice or declaration of any
<br />kind, all of which are hereby ea�pressly waived by Trustor. Without limitarion of the foregoing, upon the occurrence
<br />of a default described in clauses (i), (iii) or (iv) of paragraph (d)(1) or para.graph (d)(2) of Section 4.1 hereof, all
<br />Obligations shall thereupon be immediately due and payable, without presentment, demand, protest, notice of
<br />protest, declaration or norice of acceleration or intention to accelerate, or any other notice, declaration or act of any
<br />kind, all of which are hereby expressly waived by Trustor.
<br />(b) Enforcement of Assignment of Rents. From the date of default through the expiration of the last
<br />redemption period following the foreclosure of this Deed of Trust, Beneficiary may: (1) terminate the License and
<br />collect and/or sue for the Rents in Beneficiary's own name, give receipts and releases therefor, and after deducting
<br />all expenses of collection, including attomeys' fees and expenses, apply the net proceeds thereof to the Obligations
<br />in such manner and order as Beneficiary may elect and/or to the operation and management of the Mortgaged
<br />Property, including the payment of management, brokerage and attomeys' fees and expenses; and (2) require Trustor
<br />to transfer all security deposits and records thereof to Beneficiary together with original counterparts of the Leases.
<br />(c) Collection. Beneficiary may collect the outstanding Obligations with or without resorting to
<br />judicial process.
<br />(d) Assembly of Collateral. Beneficiary may require Trustor to deliver and make available to
<br />Beneficiary any and all Collateral at a place reasonably convenient to Trustor and Beneficiary.
<br />(e) Possession. Beneficiary may take immediate possession, management and control of the
<br />Mortgaged Property without seeking the appointment of a receiver.
<br />(� Receiver. Beneficiary may apply for and obtain, without notice and upon ex parte application, the
<br />appointment of a receiver for the Mortgaged Properiy without regard to Trustor's financial condition or solvency, the
<br />adequacy of the Mortgaged Properiy to secure the payment or performance of the Obligations, or the existence of
<br />any waste to the Mortgaged Property.
<br />(g) Foreclosure. Beneficiary may foreclose this Deed of Trust.
<br />(h) Power of Sale. Subject to compliance with the Nebraska Trust Deeds Act (Nebraska Rev. Stat.
<br />76-1001, et seq.) authorize and empower Trustee to fix the day, time, and place of sale, to sell the Mortgaged
<br />Properiy and all estate, right, title and interest, claim and demand therein, and right of redemption thereof, at one or
<br />more sales as an entirety or in pazcels; said sale to be by public outcry to the highest bidder for cash or cash
<br />equivalent pursuant to the power of sale granted in the Nebraska Trust Deeds Act (Nebraska Rev. Stat. 76-1001, et
<br />seq.). Beneficiary may bid at said sale and purchase said Mortgaged Property, or any part thereof, as the highest
<br />bidder therefor. At the foreclosure sale the Mortgaged Property may be ofFered for sale and sold as a whole without
<br />first offering it in any other manner or may be offered for sale and sold in any other manner Trustee may elect. T'he
<br />Trustee sha11 have full power to conduct any sale through an agent appointed by the Trustee for the purpose, but said
<br />appointment of agent need not be recorded;
<br />(i) Set-off. Beneficiary may set-off Trustor's Obligations against any amounts due by Beneficiary to
<br />Trustor including, but not limited to, monies, instruments and deposit accounts maintained with Beneficiary.
<br />(j) Collateral. Beneficiary may exercise all rights against the Collateral allowed a secured pariy
<br />under the Uniform Commercial Code or other applicable law, includiag without limitation to sell the Collateral or
<br />any part thereof at public or private sale, for cash, upon credit or for future delivery, at such price or prices as
<br />Beneficiary may deem satisfactory, and in connecrion with any such sale, Trustor hereby agrees that ten (10) days'
<br />prior written notice of the time and place of any such sale or other intended disposition of any of the Collateral
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