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200110903 (i) any failure or refusal by Beneficiary or Trustee to comply with any request by Grantor (A) to consent to any action by Grantor or (B) to take any action to foreclose this Deed of Trust or otherwise enforce any of the provisions of the Loan Documents; (ii) any release, regardless of consideration, of the whole or any part of the Property or any other security for the Secured Obligations, or any Person liable for payment of the Secured Obligations; (iii) any waiver by Beneficiary or Trustee of compliance by Grantor with any provision of the Loan Documents, or consent by Beneficiary or Trustee to the performance by Grantor of any action which would otherwise be prohibited thereunder, or to the failure by Grantor to take any action which would otherwise be required thereunder; and (iv) any agreement or stipulation between Beneficiary or Trustee and Grantor, or, with or without Grantor's consent, between Beneficiary or Trustee and any subsequent owner or owners of the Trust Property or any other security for the Secured Obligations, renewing, extending or modifying the time of payment or the terms of the Loan Documents (including a modification of any interest rate), and in any such event Grantor shall continue to be obligated to pay the Secured Obligations at the time and in the manner provided in the Loan Documents, as so renewed, extended or modified, unless expressly released and discharged by Beneficiary. (e) Regardless of consideration, and without the necessity for any notice to or consent by the holder of any subordinate lien, encumbrance, right, title or interest in or to the Property, Beneficiary may release any Person at any time liable for the payment of the Secured Obligations or any portion thereof or any part of the security held for the Secured Obligations and may extend the time of payment or otherwise modify the terms of the Loan Documents, including a modification of the interest rates payable on the principal balance of the Notes without in any manner impairing or affecting this Deed of Trust or the lien thereof or the priority of this Deed of Trust, as so extended and modified, as security for the Secured Obligations over any such subordinate lien, encumbrance, right, title or interest. Beneficiary may resort for the payment of the Secured Obligations to any other security held by Beneficiary in such order and manner as Beneficiary, in its discretion, may elect. Beneficiary may take or cause to be taken action to recover the Secured Obligations, or any portion thereof, or to enforce any provision of the Loan Documents without prejudice to the right of Beneficiary or Trustee thereafter to foreclose or cause to be foreclosed this Deed of Trust. Neither Beneficiary nor Trustee shall be limited exclusively to the rights and remedies herein stated but shall be entitled to every additional right and remedy now or hereafter afforded by law or equity. The rights of Beneficiary and Trustee under this Deed of Trust shall be separate, distinct and cumulative and none shall be given effect to the exclusion of the others. No act.of Beneficiary or Trustee shall be construed as an election to proceed under any one provision herein to the exclusion of any other provision. (f) Grantor hereby waives any defense to the recovery by Beneficiary or Trustee hereunder against Grantor or the Trust Property of any deficiency after a nonjudicial sale. NYDOCS03/596673.1 25 HALL COUNTY, NEBRASKA