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200105234 C. Amend or modify the same so as to reduce the term thereof, the rental payable thereunder, or to change any renewal provisions therein contained, d. Waive any default thereunder or breach thereof, e. Give any consent, waiver or approval thereunder or take any other action in connection therewith, or with a lessee thereunder, which would have the effect of impairing the value of the lessor's interest thereunder or the property subject thereto, or of impairing the position of interest of Beneficiary therein, or f. Sell, assign, pledge, mortgage or otherwise dispose of, or encumber its interest in any said lease or any rents, issues, profits issuing or arising thereunder. 17. Waiver of Statute of Limitations. Time is of the essence in all of Trustor's obligations and duties hereunder; and to the extent permitted by law, Trustor waives all present or future statutes of limitations with respect to any debt, demand or obligation secured hereby and any action or proceeding for the purpose of enforcing this Deed of Trust or any rights or remedies contained herein. 18. Assignment of Deposits. In the event construction of improvements is contemplated by the loans evidenced by the Obligations secured hereby, as additional security therefor, Trustor hereby transfers and assigns to Beneficiary, all right, title and interest to any and all monies deposited by or on behalf of Trustor with any city, county, public body or agency, sanitary district, utility company, and any other body or agency, for the installation or to secure the installation of any utility by Trustor, pertaining to the Trust Property. 19. Organizational Existence. If Trustor is an organization organized under the laws of a state, it will do all things necessary to preserve its existence and all rights and privileges under the laws of the state of its organization. 20. Forbearance by Beneficiary Not a Waiver. Any delay by Beneficiary in exercising any right or remedy hereunder, or otherwise afforded by applicable law or equity, shall not be a waiver of or preclude the exercise of such right or remedy or of any other right or remedy granted hereunder or at law or equity. The failure of the Beneficiary to exercise any option to accelerate maturity of the Obligations secured by this Deed of Trust, the forbearance by the Beneficiary before or after the exercise of such option, or the withdrawal or abandonment of proceedings provided for by this Deed of Trust shall not be a waiver of the right to exercise such option or to accelerate the maturity of such Obligations by reason of any past, present or future event which would permit acceleration under paragraph 25 hereof. The procurement of insurance, the payment of taxes or the discharge of liens or charges by Beneficiary shall not be a waiver of Beneficiary's right to accelerate the maturity of the Obligations hereby secured. The Beneficiary's receipt of any awards, proceeds or damages under paragraph 7 or 11 above shall not operate to cure or waive default by the Trustor under paragraph 24 hereof. 21. Remedies Cumulative. All remedies provided in this Deed of Trust are distinct and cumulative to any other right or remedy under this Deed of Trust or afforded by law or equity, and may be exercised concurrently, independently or successively, and as often as the occasion therefor arises. DOCS 146876.8 1582098 Grand Island Page 8 of 15