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200 02666 <br />in connection with such foreclosure, to payment of principal of an interest on the Bonds <br />in accordance with the Indenture. Any amounts held by the Beneficiary as a result of such <br />foreclosures in excess of the payment of the principal of and interest on all Bonds <br />outstanding shall be paid to the Company. Nothing herein shall limit the Beneficiary from <br />exercising any and all other remedies available to it at law or in equity or otherwise as <br />provided by the Agreement. <br />9. WAIVER OF STAYS, EXTENSIONS, ETC. To the extent permitted by the <br />laws of Nebraska, the Trustor will not at any time insist upon, or plead, or in any manner <br />whatever claim or take any benefit or advantage of, any stay or extension or moratorium <br />law, any exemption from execution or sale of the Project or any part thereof, wherever <br />enacted, now or at any time hereafter in force, which may affect the covenants and terms <br />of performance of this Deed of Trust, nor claim, take or insist upon any benefit or <br />advantage of any law now or hereafter in force providing for the valuation or appraisal of <br />the Project, or any part thereof, prior to any sale or sales thereof which may be made <br />pursuant to any provision hereof, or pursuant to the decree, judgment or order of any court <br />of competent jurisdiction; nor, after any such sale or sales, claim or exercise any right <br />under any statute heretofore or hereafter enacted, by any governmental authority or <br />otherwise, to redeem the property so sold or any part thereof; and the Trustor hereby <br />expressly waives all benefit or advantage of any such law or laws, and covenants not to <br />hinder, delay or impede the execution of any power herein granted or delegated to the <br />Deed Trustee, but to suffer and permit the execution of every power as though no such law <br />or laws had been made or enacted. The Trustor, for itself and all who claim under it, <br />waives, to the extent that it lawfully may, all right to have the Project marshaled upon any <br />foreclosure hereof. <br />10. COVENANTS OF DEED TRUSTEE; SUBSTITUTIONS. The Deed Trustee <br />covenants to faithfully perform the trust herein created. The Bond Trustee may, from time <br />to time, substitute another Deed Trustee in place of the then current Deed Trustee. Upon <br />such appointment, and without conveyance to the successor Deed Trustee, the latter shall <br />be vested with all the title, estate, rights, powers and trusts conferred upon the Deed <br />Trustee. Such appointment shall be made by written instrument executed by the Bond <br />Trustee which shall be recorded with the Register of Deeds of Hall County, Nebraska, and <br />shall be conclusive proof of the proper appointment of the successor Deed Trustee. <br />11. OPTION TO RELEASE CERTAIN REAL ESTATE. Notwithstanding any <br />other provisions of this Deed of Trust, the parties hereto reserve the right, at anytime and <br />from time to time, to execute releases for the purpose of effecting the release of or removal <br />from this Deed of Trust with the consent of Beneficiary of any unimproved part of the real <br />estate constituting a portion of the Project, as contemplated by the Agreement and the <br />Indenture, provided that if at the time any such amendment is made any of the Bonds are <br />outstanding and unpaid, such amendment shall not be effective until and unless evidence <br />satisfactory to the Deed Trustee shall have been furnished to it showing that the <br />applicable provisions of the Agreement and the Indenture have been complied with. <br />337230.3 -6- <br />