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201502756 or to any of the Mortgaged Property, and (d) while any Event of Default exists, to perform any obligation of Grantor under this Deed of Trust or any other Loan Document; provided, however, (i) Beneficiary shall not under any circumstances be obligated to perform any obligation of Grantor; (ii) any sums advanced by Beneficiary in such performance shall be added to and included in the Indebtedness and shall bear interest at the interest rate set forth in the Loan Agreement following an Event of Default; (iii) Beneficiary as such attorney -in -fact shall only be accountable for such funds as are actually received by Beneficiary; and (iv) Beneficiary shall not be liable to Grantor or any other Person for any failure to take any action which it is empowered to take under this Section 8.4. 8.5 Successors and Assigns. This Deed of Trust shall be binding upon and inure to the benefit of Beneficiary, Grantor and Trustee and their respective successors and assigns. Grantor shall not, assign any rights, duties or obligations hereunder without the prior written consent of Beneficiary. 8.6 No Waiver. Any failure by Trustee or Beneficiary to insist upon strict performance of any of the terms, provisions or conditions of the this Deed of Trust or any other Loan Document shall not be deemed to be a waiver of same, and Trustee or Beneficiary shall have the right at any time to insist upon strict performance of all of such terms, provisions and conditions. 8.7 Subrogation. To the extent proceeds of the Promissory Note have been used to extinguish, extend or renew any indebtedness against the Mortgaged Property, then Beneficiary shall be subrogated to all of the rights, Liens and interests existing against the Mortgaged Property and held by the holder of such indebtedness and such former rights, Liens and interests, if any, are not waived, but are continued in full force and effect in favor of Beneficiary. 8.8 Release or Reconvevance. Upon payment in full of the Indebtedness and performance in full of the Obligations, Beneficiary, at Grantor's expense, shall release the Liens created by this Deed of Trust or reconvey the Mortgaged Property to Grantor, as applicable. 8.9 Waiver of Stay, Moratorium and Similar Rights. Grantor agrees, to the fullest extent that it may lawfully do so, that it will not at any time insist upon or plead or in any way take advantage of any appraisement, valuation, stay, marshalling of assets, extension, redemption or moratorium Law now or hereafter in force and effect so as to prevent or hinder the enforcement of the provisions of this Deed of Trust or the Indebtedness secured hereby, or any agreement between Grantor and Beneficiary or any rights or remedies of Beneficiary. 8.10 Governing Law. This Deed of Trust shall be deemed to be a contract made under the Laws of the State of Nebraska, and for all purposes shall be construed in accordance with the Laws of the State of Nebraska, without regard to its choice of law principles. Any suit, action or proceeding arising out of or relating to this Deed of Trust, or any action or proceeding to execute on or otherwise enforce any judgment arising out of an Event of Default or other default under this Deed of Trust, can be brought by Beneficiary in the applicable federal district court or in the state circuit court having jurisdiction for Omaha, Douglas County, Nebraska (collectively, the "Courts "). 8.11 Severability. If one or more provisions of this Deed of Trust are held to be unenforceable under applicable Law, such provision or provisions shall be excluded from this Deed of Trust and the balance of this Deed of Trust shall be interpreted as if such provision or provisions were so excluded and shall be enforceable in accordance with its terms. 18