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<br /> any reason any amount at any time paid on account of any Secured Obligation is rescinded or
<br /> must otherwise be restored by Beneficiary, whether as a result of any proceedings in bankruptcy
<br /> or reorganization or otherwise, all as though such amount had not been paid. The determination
<br /> as to whether any amount so paid must be rescinded or restored shall be made by Beneficiary in
<br /> its sole discretion; provided however, that if Beneficiary chooses to contest any such matter at
<br /> the request of any Third Party Trustor, each Third Party Trustor agrees to indemnify and hold
<br /> Beneficiary harmless from and against all costs and expenses, including reasonahle attomeys'
<br /> fees, expended or incurred by Beneficiary in connection therewith, including without limitation,
<br /> in any litigation with respect thereto.
<br /> (b) Waivers.
<br /> (i) Each Third Party Trustor waives any right to require Beneficiary to: (A) proceed
<br /> against any Obligor or any other person; (B) mazshal assets or proceed against or exhaust any
<br /> security held from any Obligor or any other person; (C) give notice of[he terms, time and place
<br /> of any public or private sale or other disposi[ion of personal property security held from any
<br /> Obligor or any other person; (D)take any other action or pursue any other remedy in
<br /> Beneficiary's power; or (E)make any presentment or demand for performance, or give any
<br /> notice of nonperformance, protest, notice of protest or notice of dishonor hereunder or in
<br /> connection with any obligations or evidences of indebtedness held by Beneficiary as security for
<br /> or which constitute in whole or in part the Sec�red Obligations, or in connection with the
<br /> creation ofnew or additional obligations.
<br /> (ii) Each Third Party Trustor waives any defense to its obligations hereunder based
<br /> upon or arising by reason of: (A) any disability or other defense of any Obligor or any other
<br /> person; (B)the cessation or limitation from any cause whatsoever, other than payment in full, of
<br /> any Sec�red Obligation; (C) any lack of authority of any officer, director, partner, agent or any
<br /> other person acting or purporting to act on behalf of any Obligor which is a corporation,
<br /> partnership or other type of entity, or any defect in the formation of any such Obligor, (D) the
<br /> application by any Obligor of the proceeds of any Secured Obligation for purposes other than the
<br /> purposes represented by any Obligor to, or intended or understood by, Beneficiary or any Third
<br /> Party Trustor, (E) any act or omission by Beneficiary which directly or indirectly res�lts in or
<br /> aids the discharge of any Obligor or any portion of any Secured Obligation by operation of law
<br /> or otherwise, or which in any way impairs or suspends any rights or remedies of Beneficiary
<br /> against any Obligor, (F) any impairment of the value of any interest in any security for the
<br /> Secured Obligations or any portion thereof, including without limitation, the failure to obtain or
<br /> maintain perfection or recordation of any interest in any such security, the release of any such
<br /> security without substitotion, and/or the failure to preserve the value of, or to comply with
<br /> applicable law in disposing of, any such security; (G) any modification of any Secured
<br /> Obligation, in any form whatsoever, including without limitation the renewal, extension,
<br /> acceleration or other change in time for payment of, or other change in the terms of, any Secured
<br /> Obligation or any poreion thereof, including increase or decrease of the rate of interest thereon;
<br /> or (H) any requirement that Beneficiary give any notice of acceptance of this Deed of Trust.
<br /> Until all Secured Obligations shall have been paid in full, no Third Party Trustor shall have any
<br /> right of subrogation, and each Third Party Trustor waives any right to enforce any remedy which
<br /> Beneficiary now has or may hereafter have against any Obligor or any other person, and waives
<br /> any benefit of, or any right to participate in, any security now or hereafter held by Beneficiary.
<br /> Each Third Party Trustor further waives all rights and defenses it may have arising out of:
<br /> (1) any election of remedies by Beneficiary, even though that election of remedies, such as a
<br /> nonyudicial foreclosure with respect to any security for any portion of the Secured Obligations,
<br /> destroys such Third Party Trustor's rights of subrogation or such Third Party Trustor's rights to
<br /> proceed against any Obligor for reim6ursement; or (2) any loss of rights any Third Party Trustor
<br /> may suffer by reason of any rights, powers or remedies of any Obligor in connection with any
<br /> Deed of Trust and Assignment of Rents and Leases Page ll
<br /> DeeA of Trust-Capital One,N.A._Lyne Realty, LP(Grand Island,NE)
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