f►�Ijf DTiZ11 %3
<br />(a) Acceleration Subject to any provisions of'the Loan Documents providing for the
<br />automatic acceleration of the Secured Obligations upon the occurrence of certain Events of Default, de-
<br />clare the Secured Obligations to be immediately due and payable, without further notice, presentment,
<br />protest, notice of intent to accelerate, notice of acceleration, demand or action of any nature whatsoever,
<br />(each of which herabv is expressly waived by Grantor), whereupon the same shall become immediately
<br />due and payable.
<br />(b) Entry on Mortgaged Property. Enter, the Mortgaged Property and take exclusive
<br />possession thereof' and of all books, records and accounts relating thereto or located thereon. If Grantor
<br />remains in possession of the Mortgaged Property following the occurrence and during the continuance of
<br />an Event of Default and without Beneficiary's prior written consent, Beneficiary may invoke any legal
<br />remedies to dispossess Grantor.
<br />(c) Operation of Mortgaged Property. Hold, lease, develop, manage, operate or oth-
<br />erwise use the Mortgaged Property upon such terms and conditions as Beneficiary may deem reasonable
<br />under the circumstances (making such repairs, alterations, additions and improvements and taking other
<br />actions, from time to time, as Beneficiary deems necessary or desirable), and apply all Rents and other
<br />amounts collected by Ti y ustee or Beneficiary in connection therewith in accordance with the provisions of
<br />Section 5.7.
<br />(d) Foreclosure and Sale. Institute proceedings for the complete foreclosure of this
<br />Deed of Trust by judicial action, as a mortgage, or by power of sale, in which case the Mortgaged Prop-
<br />erty may be sold for cash or credit in one or more parcels in the manner provided by the Nebraska Trust
<br />Deed Acts. With respect to any notices required or permitted under the UCC, Grantor agrees that ten (10)
<br />days' prior written notice shall be deemed commercially reasonable. At any such sale by virtue of any
<br />judicial proceedings, power of sale, or any other legal right, remedy or recourse, the title to and right of
<br />possession of any such property shall pass to the purchaser thereof, and to the fullest extent permitted by
<br />law, Grantor shall be completely and irrevocably divested of all of its right, title, interest, claim, equity,
<br />equity of redemption, and demand whatsoever, either at law or in equity, in and to the property sold and
<br />such sale shall be a perpetual bar both at law and in equity against Grantor, and against all other Persons
<br />claiming or to claim the property sold or any part thereof, by, through or under Grantor Beneficiary or
<br />any of the other Secured Parties may be a purchaser at such sale. If' Beneficiary or such other Secured
<br />Party is the highest bidder, Beneficiary or such other Secured Party may credit the portion of the purchase
<br />price that would be distributed to Beneficiary or such other Secured Party against the Secured Obligations
<br />in lieu of paying cash. In the event this Deed of Trust is foreclosed by judicial action, appraisement of the
<br />Mortgaged Property is waived.
<br />(e) Receiver. Make application to a court of competent jurisdiction for, and obtain
<br />from such court as a matter of strict right and without notice to Grantor or regard to the adequacy of the
<br />Mortgaged Property for the repayment of the Secured Obligations, the appointment of a receiver of the
<br />Mortgaged Property, and Grantor irrevocably consents to such appointment. Any such receiver- shall have
<br />all the usual powers and duties of receivers in similar, cases, including the full power to rent, maintain and
<br />otherwise operate the Mortgaged Property upon such terms as may be approved by the court, and shall
<br />apply such Rents in accordance with the provisions of Section 5.7.
<br />(f) Other, Exercise all other rights, remedies and recourses granted under the Loan
<br />Documents or otherwise available at law or in equity.
<br />Section 5.2 Separate Sales. Upon the occurrence and during the continuance of an
<br />Event of Default, Beneficiary or Trustee at the direction of Beneficiary the Mortgaged Property may be
<br />-7-
<br />
|