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000008622 <br />guarantor in connection with (A) the application for or creation of the Indebtedness, (B) <br />any financial statement, rent roll, or other report or information provided to Lender during <br />the term of the Indebtedness, or (C) any request for Lender's consent to any proposed <br />action, including a request for disbursement of funds under any Collateral Agreement; <br />(e) any Event of Default under Section 21; <br />(f) the commencement of a forfeiture action or proceeding, whether civil or <br />criminal, which, in Lender's reasonable judgment, could result in a forfeiture of the <br />Mortgaged Property or otherwise materially impair the lien created by this Instrument or <br />Lender's interest in the Mortgaged Property; <br />(g) any failure by Borrower to perform any of its obligations under this <br />Instrument (other than those specified in Sections 22(a) through (f)), as and when required, <br />which continues for a period of 30 days after notice of such failure by Lender to Borrower, <br />but no such notice or grace period shall apply in the case of any such failure which could, <br />in Lender's judgment, absent immediate exercise by Lender of a right or remedy under <br />this Instrument, result in harm to Lender, impairment of the Note or this Instrument or any <br />other security given under any other Loan Document; <br />(h) any failure by Borrower to perform any of its obligations as and when <br />required under any Loan Document other than this Instrument which continues beyond <br />the applicable cure period, if any, specified in that Loan Document; and <br />(i) any exercise by the holder of any other debt instrument secured by a <br />mortgage, deed of trust or deed to secure debt on the Mortgaged Property of a right to <br />declare all amounts due under that debt instrument immediately due and payable. <br />23. REMEDIES CUMULATIVE. Each right and remedy provided in this <br />Instrument is distinct from all other rights or remedies under this Instrument or any other <br />Loan Document or afforded by applicable law, and each shall be cumulative and may be <br />exercised concurrently, independently, or successively, in any order. <br />24. FORBEARANCE. <br />(a) Lender may (but shall not be obligated to) agree with Borrower, from time <br />to time, and without giving notice to, or obtaining the consent of, or having any effect <br />upon the obligations of, any guarantor or other third party obligor, to take any of the <br />following actions: extend the time for payment of all or any part of the Indebtedness; <br />reduce the payments due under this Instrument, the Note, or any other Loan Document; <br />release anyone liable for the payment of any amounts under this Instrument, the Note, or <br />FANNIE MAE MULTIFAMILY SECURITY INSTRUMENT - Form 4028 4/98 Page 33 <br />NEBRASKA <br />