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(e) Other. Exercise all other rights and remedies available at law or in equity.
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<br />usual powers and duties of receivers in similar cases, including the full power to rent, maintain and
<br />otherwise operate the Mortgaged Property upon such terms as may be approved by the court, and shall
<br />apply such Rents in accordance with the provisions of Section 5.7.
<br />Section 5.2 Separate Sales. The Mortgaged Property may, upon the occurrence and during the
<br />continuance of an Event of Default, be sold in one or more parcels and in such manner and order as
<br />Beneficiary may elect. The right of sale arising out of any Event of Default shall not be exhausted by any
<br />one or more sales.
<br />Section 5.3 Remedies Cumulative, Concurrent and Nonexclusive. Upon the occurrence and
<br />during the continuance of an Event of Default, Trustee, Beneficiary shall have all rights, remedies and
<br />recourses granted herein and available at law or equity (including the Nebraska Uniform Commercial
<br />Code (the "UCC')), now or hereafter existing, which rights (a) shall be cumulative and concurrent, (b)
<br />may be pursued separately, successively or concurrently against Grantor, or against the Mortgaged
<br />Property, or against any one or more of them, at the sole discretion of Trustee or Beneficiary, (c) may be
<br />exercised as often as occasion therefor shall arise, and the exercise or failure to exercise any of them shall
<br />not be construed as a waiver or release thereof or of any other right, remedy or recourse, and (d) are
<br />intended to be, and shall be, nonexclusive. No action by Trustee, or Beneficiary, in the enforcement any
<br />rights or remedies at law or equity shall be deemed to cure any Event of Default. This Deed of Trust is a
<br />construction mortgage under the Uniform Commercial Code, to secure an obligation incurred for the
<br />construction of an improvement on land, including the acquisition costs of the land. This Deed of Trust
<br />secures a construction loan, and it will be subject to the terms of a construction loan agreement between
<br />Grantor and Beneficiary. Any materials, equipment or supplies used or intended for use in the
<br />construction, development, or operation of the Mortgaged Property, whether stored on or off the
<br />Mortgaged Property, shall also be subject to the lien of this Deed of Trust and Grantor, or Grantor's
<br />contractor if loan proceeds are paid to such contractor, shall apply the loan proceeds to the payment of
<br />lawful claims for labor and material furnished for such construction.
<br />Section 5.4 Release of and Resort to Collateral. Beneficiary may release, regardless of
<br />consideration and without the necessity for any notice to or consent by the holder of any subordinate lien
<br />on the Mortgaged Property, any part of the Mortgaged Property. For payment of the Obligations,
<br />Beneficiary may resort to any other security in such order and manner as Beneficiary may elect.
<br />Section 5.5 Waiver of Redemption, Notice and Marshalling of Assets. To the fullest extent
<br />permitted by law, Grantor hereby irrevocably and unconditionally waives and releases (a) all benefit that
<br />might accrue to Grantor by virtue of any present or future statute of limitations or law or judicial decision
<br />exempting the Mortgaged Property from attachment, levy or sale on execution or providing for any stay
<br />of execution, exemption from civil process, redemption or extension of time for payment, (b) all notices
<br />of any Event of Default or of any election by Trustee or Beneficiary to exercise or the actual exercise of
<br />any right, remedy or recourse provided for hereunder, and (c) any right to a marshalling of assets or a sale
<br />in inverse order of alienation.
<br />Section 5.6 Discontinuance of Proceedings. If Trustee, Beneficiary shall have proceeded to invoke
<br />any right, remedy or recourse permitted hereunder and shall thereafter elect to discontinue or abandon it
<br />for any reason, Trustee or Beneficiary shall have the unqualified right to do so and, in such an event,
<br />Grantor, Trustee, and Beneficiary shall be restored to their former positions with respect to the
<br />Obligations, this Deed of Trust, the Mortgaged Property and otherwise, and the rights, remedies,
<br />recourses and powers of Trustee, and Beneficiary shall continue as if the right, remedy or recourse had
<br />never been invoked, but no such discontinuance or abandonment shall waive any Event of Default which
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