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<br /> anti-deficiency laws or any other laws limiting, qualifying or discharging any Obligor's
<br /> obligations, whether by operation of law or otherwise, including any rights any Third Party
<br /> Trustor may have to a fair market value hearing to determine the size of a deficiency following
<br /> any trustee's foreclosure sale or other disposition of any security for any portion of the Secured
<br /> Obligations.
<br /> (iii) If any of said waivers is determined to be contrary to any applicable law or public
<br /> policy, such waiver shall be effective to the extent permitted by applicable law or public policy.
<br /> 4.19. Post-Closine Covenant. At Beneficiary's request, Trustor agrees to take all
<br /> actions reasonably necessary to remove, cure, or resolve any claims to prescriptive easements
<br /> over the Property asserted by, through or under Craig Woodward. Trustor further agrees to
<br /> defend, indemnify and hold harmless Beneficiary, its directors, officers, employees, agents,
<br /> successors and assigns, from and against any and all losses, damages, liabilities, claims, actions,
<br /> judgments, court costs and legal or other expenses (including without limitation, attorneys' fees
<br /> and expenses) which Beneficiary may incur as a direct or indirect consequence of the existence
<br /> or assertion of such prescriptive easements.
<br /> ARTICLE V. DEFAULT PROVISIONS
<br /> 5.1 Default. The occurrence of any of the following shall constitute a "DefaulP'
<br /> under this Deed of Trust: (a)Trustor shall fail to observe or perform any obligation or
<br /> agreement contained herein; (h) any representation or warranty of Trustor herein shall prove to
<br /> be incorrect, false or misleading in any material respect when made; or (c) any default in the
<br /> payment or performance of any obligation, or any defined event of default, under any provisions
<br /> of the Notes, the Loan Agreement, or any other contract, instrument or document executed in
<br /> connection with, or with respect to, any Secured Obligation.
<br /> 5.2 Riehts and Remedies. Upon the occurrence of any Default, and at any time
<br /> thereafter, Beneficiary and Trustee shall have all the following rights and remedies:
<br /> (a) With or without notice, to declare all Secured Obligations immediately due and
<br /> payable in full.
<br /> (b) With or without notice, without releasing Trustor from any Secured Obligation
<br /> and without becoming a mortgagee in possession, to wre any Default of Trustor and, in
<br /> connection therewith: (i)to enter upon the Subject Property and to do such acts and things as
<br /> Beneficiary or Trustee deems necessary or desirable to protect the security of this Deed of Trust,
<br /> including without limitation, to appear in and defend any action or proceeding purporting to
<br /> affect the security of this Deed of Trust or the rights or powers of Beneficiary or Trustee
<br /> hereunder; (ii)to pay, purchase, contest or compromise any enwmbrance, charge, Iien or claim
<br /> of lien which, in the judgment of either Beneficiary or Trustee, is senior in priority to this Deed
<br /> of Trust, the judgment of Beneficiary or Trustee being conclusive as between the pazties hereto;
<br /> (iii) to obtain, and to pay any premiums or charges with respect to, any insurance required to be
<br /> carried hereunder; and (iv) to employ counsel, accountants, contractors and other appropriate
<br /> persons to assist them.
<br /> (c) To commence and maintain an action or actions in any court of competent
<br /> jurisdiction to foreclose this Deed of Trust as a mortgage or to obtain specific enforcement of the
<br /> covenants of Trustor under this Deed of Trus[, and Trustor agrees that such covenants shall be
<br /> specifically enforceable by injunction or any other appropriate equitable remedy. For the
<br /> purposes of any suit brought under this subsection, Trustor waives the defenses of laches and any
<br /> applicable statute of limitations.
<br /> Deed of Trust and Assignment of Ren[s and Leases Page 12
<br /> Deed of Trust-Capital One,N.A._Lyne Realty,LP(Grand Island,NE)
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