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<br />Deed of Trust shall continue as a lien and security interest on the remaining portion of the Trust
<br />Property; or
<br />(c) institute an action, suit or proceeding in equity for the specific
<br />performance of any of the provisions contained in any of the Loan Documents; or
<br />(d) apply for the appointment of a receiver, custodian, trustee, liquidator or
<br />conservator of the Trust Property, to be vested with the fullest powers permitted under applicable
<br />law, as a matter of right and without regard to, or the necessity to disprove, the adequacy of the
<br />security for the Secured Obligations or the solvency of Grantor or any other person liable for the
<br />payment of the Secured Obligations, and Grantor and each other person so liable waives or shall
<br />be deemed to have waived such necessity and consents or shall be deemed to have consented to
<br />such appointment; or
<br />(e) enter upon the Premises, and exclude Grantor and its agents and servants
<br />wholly therefrom, without liability for trespass, damages or otherwise, and take possession of all
<br />books, records and accounts relating thereto and all other portions of the Trust Property, and
<br />Grantor agrees to surrender possession of the Trust Property and of such books, records and
<br />accounts to Beneficiary on demand after the happening of any Event of Default; and having and
<br />holding the same may use, operate, manage, preserve, control and otherwise deal therewith and
<br />conduct the business thereof, either personally or by its superintendents, managers, agents,
<br />servants, attorneys or receivers, without interference from Grantor ( including, without limitation,
<br />(i) entering into such contracts and taking such other action as Beneficiary or Trustee deems
<br />appropriate to complete any construction on the Land, and in connection with any such action
<br />Beneficiary may modify plans and specifications as Beneficiary or Trustee deems appropriate;
<br />(ii) making, canceling, enforcing or modifying leases; (iii) obtaining and evicting tenants; (iv)
<br />fixing or modifying rents; (v) conducting the business of Grantor in its own name or in the name
<br />of Grantor; (vi) using any and all of Grantor's properties and facilities relating to the Premises;
<br />(vii) dealing with Grantor's creditors, debtors, tenants, lessees, agents, employees and other
<br />Persons (as defined in the Credit Agreement) having any relationship whatsoever with Grantor,
<br />and (viii) altering or amending any contracts between them, in any manner Beneficiary may
<br />determine); and upon each such entry and from time to time thereafter may, at the expense of
<br />Grantor and the Trust Property, without interference by Grantor and as Beneficiary may deem
<br />advisable, (A) insure or reinsure the Premises, (B) make all necessary or proper repairs, renewals,
<br />replacements, alterations, additions, betterments and improvements thereto and thereon and
<br />(C) in every such case in connection with the foregoing have the right to exercise all rights and
<br />powers of Grantor with respect to the Trust Property, either in Grantor's name or otherwise; or
<br />(f) with or without the entrance upon the Premises, collect, receive, sue for
<br />and recover in its own name all Rents and cash collateral derived from the Trust Property, and
<br />after deducting therefrom all costs, expenses and liabilities of every character incurred by
<br />Beneficiary or Trustee in collecting the same and in using, operating, managing, preserving and
<br />controlling the Trust Property, and otherwise in exercising Beneficiary's and/or Trustee's rights
<br />under subsection (e) of this Section, including all amounts necessary to pay Impositions,
<br />insurance premiums and other charges in connection with the Premises, as well as compensation
<br />NYDOCS03/596673.1 19 HALL COUNTY, NEBRASKA
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