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200403313 13 (b) To the fullest extent permitted by law, Grantor waives the benefit of all laws now existing or that may subsequently be enacted providing for (i) any appraisement before sale of any portion of the Mortgaged Property, (ii) any extension of the time for the enforcement of the collection of the Obligations or the creation or extension of a period of redemption from any sale made in collecting such debt and (iii) exemption of the Mortgaged Property from attachment, levy or sale under execution or exemption from civil process. To the full extent Grantor may do so, Grantor agrees that Grantor will not at any time insist upon, plead, claim or take the benefit or advantage of any law now or hereafter in force providing for any appraisement, valuation, stay, exemption, extension or redemption, or requiring foreclosure of this Deed of Trust before exercising any other remedy granted hereunder and Grantor, for Grantor and its successors and assigns, and for any and all persons ever claiming any interest in the Mortgaged Property, to the extent permitted by law, hereby waives and releases all rights of redemption, valuation, appraisement, stay of execution, notice of election to mature (except as expressly provided in the Credit Agreement) or declare due the whole of the secured indebtedness and marshalling in the event of exercise by Trustee or Beneficiary of the foreclosure rights, power of sale, or other rights hereby created. (c) Grantor waives any right or remedy which Grantor may have or be able to assert pursuant to any provision of law pertaining to the rights and remedies of guarantors or sureties. If any law referred to in this Section and now in force, of which Grantor or Grantor's heirs, devisees, representatives, successors or assigns or any other persons claiming any interest in the Mortgaged Property might take advantage despite this section, shall hereafter be repealed or cease to be in force, such law shall not thereafter be deemed to preclude the application of this section. (d) The Grantor hereby waives appraisement, or does not waive appraisement, at the option of the Beneficiary, to be exercised at any time prior to or at entry of judgment in any action to foreclose this Deed of Trust. The Grantor expressly agrees that the Trustee may offer the Mortgaged Property as a whole or in such parcels or lots as the Beneficiary, in its sole discretion elects, regardless of the manner in which the Mortgaged Property may be described. Furthermore, in the event an interest in any of the Mortgaged Property is foreclosed upon pursuant to a judicial foreclosure sale, the Grantor agrees as follows: to the extent permitted by law, the Grantor agrees that Beneficiary or Trustee, as the case may be, shall be entitled to seek a deficiency judgment from the Grantor and any other party obligated in respect of the Obligations equal to the difference between the amount of the Obligations and the amount for which the Mortgaged Property was sold pursuant to judicial foreclosure sale. In the event that the Mortgaged Property shall be sold by the Trustee pursuant to the Power of Sale herein contained, the right to a deficiency shall be subject to the limitations imposed by Neb.Rev. Stat. § 76 -1013 which requires that such action be commenced within three months after any sale of the Mortgaged Property and limits judgment on such deficiency to that amount by which the amount of the indebtedness with interest and the costs and expenses of sale, including trustee's fees, exceeds the fair market value of the Mortgaged Property sold as of the date of sale. The Grantor further recognizes and agrees that there shall be an irrebuttable presumption that the sale price at which the Mortgaged Property was sold by the Trustee pursuant to the Power of Sale herein contained is equal to the fair market value of the Mortgaged Property for purposes of calculating deficiencies owed by the Grantor or any other person against whom recovery of a deficiency is sought. 509265- 1023- 02729- NY02.2352389.1