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201108089
<br /> (b) Condemnation Awards and Insurance Proceeds. Grantor will deal with any
<br /> settlement of or payment in respect of any property or casualty insurance claim or any condemnation
<br /> proceeding relating to the Mortgaged Property in accordance with Section 2.11(a) of the Credit
<br /> Agreement, and in accordance with the terms of the Intercreditor Agreement.
<br /> ARTICLE 4
<br /> [Intentionally OmittedJ
<br /> ARTICLE 5
<br /> DEFAULT AND FORECLOSURE
<br /> Section 5.1 Remedies. Upon the occurrence and during the continuance of an Event
<br /> of Default, Beneficiary may, subject to the terms of the Intercreditor Agreement, at Beneficiary's election
<br /> and by or through the Trustee or otherwise, exercise any or all of the following rights, remedies and
<br /> recourses:
<br /> (a) Acceleration. Subject to any provisions of the Loan Documents providing for the
<br /> automatic acceleration of the Indebtedness upon the occurrence of certain Events of Default, declare the
<br /> Indebtedness to be immediately due and payable, without further notice, presentment, protest, notice of
<br /> intent to accelerate, notice of acceleration, demand or action of any nature whatsoever (each of which
<br /> hereby is expressly waived by Grantor), whereupon the same shall become immediately due and payable.
<br /> (b) Entry on Mortga eg d 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 Bvent of Default and without Beneficiary's prior written consent, Beneficiary may invoke any legal
<br /> remedies to dispossess Grantor.
<br /> (c) Operation of Mort�a eg, d PropertX. Hold, lease, develop, manage, operate or
<br /> otherwise use the Mortgaged Property upon such terms and conditions (making such repairs, alterations,
<br /> additions and improvements and taking other actions, from time to time, that are reasonable and
<br /> necessary), and apply all Rents and other amounts collected by Trustee or Beneficiary in connection
<br /> therewith in accordance with the provisions of 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
<br /> Property may be sold for cash or credit in one or more parcels in the manner provided by the Nebraska
<br /> Trust Deed Acts. With respect to any notices, Grantor agrees that ten(10)days' prior written notice shall
<br /> be deemed commercially reasonable. At any such sale by virtue of any judicial proceedings, power of
<br /> sale, or any other legal right, remedy or recourse, the title to and right of possession of any such property
<br /> shall pass to the purchaser thereof, and to the fullest extent permitted by law, Grantor shall be completely
<br /> and irrevocably divested of all of its right, title, interest, claim, eyuity, equity of redemption, and demand
<br /> whatsoever, either at law or in equity, in and to the property sold and such sale shall be a perpetual bar
<br /> both at law and in equity against Grantor, and against all other Persons claiming or to claim the property
<br /> sold or any part thereof, by, through or under Grantor. Beneficiary or any of the other Secured Parties
<br /> may be a purchaser at such sale. If Beneficiary or such other Secured Party is the highest bidder,
<br /> Beneficiary or such other Secured Party may credit the portion of the purchase price that would be
<br /> distributed to Beneficiary or such other Secured Party against the Indebtedness in lieu of paying cash. In
<br /> the event this Deed of Trust is foreclosed by judicial action, appraisement of the Mortgaged Property is
<br /> waived.
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<br /> 509265-1598-00754-Active.12645846.2
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