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<br /> 9�• �C�3368
<br /> 16. Remedies Not Exclusive. Trustee and Lender, and each of them, shall be entitled to
<br /> enforce payment and performance of any indebtedness or obligations secured and to exercise all rights
<br /> and powers under this Trust Deed or under any loan instrument or other agreement or any laws now or
<br /> hereafter in force, notwithstanding some or all of such indebtedness and obligations secured hereby may
<br /> now or hereafter be otherwise secured, whether by mortgage, trust deed, pledge, lien, assignment or
<br /> otherwise. Neither the acceptance of this Trust Deed nor its enforcement, whether 6y court action or
<br /> pursuant to the power of sale or other powers herein contained, shall prejudice or in any manner affect
<br /> Trustee's or Lender's right to realize upon or enforce any other security now or hereafter held by Trustee
<br /> or Lender, it being agreed that Trustee and Lender, and each of them, shall be entitled to enfarce this
<br /> Trust Deed and any other security now or hereafter held by Lender or Trustee in such order and manner
<br /> as they or either of them may in their absolute discretion determine. No remedy herein conferred upon
<br /> or reserved to Trustee or Lender is intended to be exclusive of any other remedy herein or by law
<br /> provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given
<br /> hereunder or now or hereafter existing at law or in equity ar by statue. Every power or remedy given by
<br /> any of the loan instruments to Trustee or Lender or to which either of them may be otherwise entitled
<br /> may be exercised, concurrently or independently from time to time, and as often as may be deemed
<br /> expedient by Trustee or Lender and either of them may pursue inconsistent remedies. Nothing shall be
<br /> construed as prohibiting Lender from seeking a deficiency judgment against the Trustor. If Borrower has
<br /> given Lender a chattel mortgage, or security agreement on personal property and additional security for
<br /> the debt secured hereby, in the event of default hereunder or thereunder, Lender shall have the right and
<br /> option to first foreclose on said personal properiy, without prejudice to its right to thereafter sell or
<br /> foreclose the Property or to pursue all security at the same time or to pursue the personal property after
<br /> the sale or foreclosure of the Property.
<br /> 17. Prohibitions. Without the prior written consent of Trustee, Borrower shall not, directly
<br /> or indirectly, with respect to any lease of space in the described premises, whether such lease is now or
<br /> hereafter in existence: (a) accept or permit any prepayment, discount or advance rent payable
<br /> thereunder; (b) cancel or terminate the same ar accept the cancellation, termination or surrender thereof,
<br /> or permit any event to occur which would entitle the lessee thereunder to terminate or cancel same; (c)
<br /> amend or modify the same so as to reduce the term thereof, the rental payable thereunder, or to change
<br /> any renewal provisions therein contained; (d) waive any default thereunder or breach thereof; (e) give
<br /> any consent, waiver or approval thereunder or take any other action in connection therewith, or with a
<br /> lessee thereunder, which would have the effect of impairing the value of lessor's interest thereunder, or
<br /> the property subject thereto, or of impairing the position or interest of the Trustee of Lender; or (� sell,
<br /> assign, pledge, mortgage or otherwise dispose of or encumber its interest in any such lease or any rents,
<br /> issues or profits issuing or arising thereunder.
<br /> 18. Notices. Whenever Lender, Borrower, Trustor or Trustee shall desire to give or serve
<br /> any notice, demand, request or other communication with respect to this Trust Deed, each such notice,
<br /> demand, request or other communication shall be in writing and shall be effective only if the same is
<br /> delivered by personal service or mailed by certified mail, postage prepaid, return receipt requested,
<br /> addressed to the address set forth at the beginning of the Trust Deed. Any party may at any time change
<br /> its address for such notices by delivering or mailing to the other parties hereto, as aforesaid, a notice of
<br /> such change.
<br /> 19. Request for Notice. Borrower hereby requests a copy of any notice of default and that
<br /> any notice of sale hereunder be mailed to them at the address set forth in the first paragraph of this Trust
<br /> Deed.
<br /> 20. Governin Law. This Trust Deed shall be
<br /> overned b
<br /> �_ g y the laws of the State of
<br /> Nebraska. If any provision or clause of the Note and Trust Deed are declared to be unconstitutional or
<br /> illegal, it shall be deemed to be separate and severable from the rest of the provisions, and the intent is
<br /> that the remaining portions of the document will remain in fu11 force and effect. This instrument cannot
<br /> be waived, changed, discharged or terminated orally, but only by an instrument in writing signed by the
<br /> party against whom enforcement of any waiver, change, discharge or termination is sought.
<br /> 21. Interpretations. The provisions of this Trust Deed shall be in addition to and supplement
<br /> the Nebraska Trust Deed Act. If in conflict with said Act, the Act controls. Wherever used herein,
<br /> unless otherwise provided, the singular number shall include all genders. The headings of each
<br /> paragraph are for conveniences of reference, and are not intended to describe, interpret, define, or
<br /> otherwise affect the content, meaning, or intent of the paragraph. The provisions hereof shall be deemed
<br /> independent and severable, and the invalidity or partial invalidity of any one provision or portion hereof
<br /> shall not affect the validity of any one provision or portion hereof shall not affect the validity or
<br /> enforceability of any other provision hereof.
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