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200305038 <br />be as the Person exercising the rights under this Section) shall have the right to do <br />any of the following: (i) terminate the license granted under Section 5.08(b) by <br />notice to the Grantor; (ii) exercise the rights and remedies provided under Section <br />5.08(a), Section 5.03 or under applicable law; (iii) as attorney -in -fact or agent of <br />the Grantor, or in its own name as the Person exercising the rights under this <br />Section and under the powers herein granted, hold, operate, manage and control <br />the Property and all other Trust Property, either personally or by its agents, <br />contractors or nominees, with full power to use such measures, legal or equitable, <br />as in its discretion may be deemed proper and necessary to enforce the payment of <br />any Rents, the Leases and other Trust Property relating thereto (including actions <br />for the recovery of Rent, actions in forcible detainer and actions in distress of <br />Rent); (iv) cancel or terminate any Lease or sublease for any cause or on any <br />ground which would entitle the Grantor to cancel the same; (v) elect to disaffirm <br />any Lease or sublease made subsequent hereto or subordinated to the lien hereof; <br />and (vi) perform such other acts in connection with the management and <br />operation of the Trust Property as the Person exercising the rights under this <br />Section in its discretion may deem proper, the Grantor hereby granting full power <br />and authority to exercise each and every one of the rights, privileges and powers <br />contained herein at any and all times while an Event of Default has occurred and <br />is continuing, without notice to the Grantor. If an Event of Default has occurred <br />and is continuing, upon demand by the Person exercising the rights under this <br />Section, the Grantor shall promptly pay to such Person all Security Deposits <br />under the Leases, provided that, subject to any applicable requirement of law, any <br />Security Deposits actually received by such Person shall be promptly paid to the <br />Beneficiary, and any Security Deposits actually received by the Beneficiary shall <br />be held, applied and disbursed as provided in the applicable Leases and under <br />applicable law. If an Event of Default has occurred and is continuing, upon <br />demand by the Person exercising the rights under this Section, the Grantor shall <br />promptly pay to such Person all Rents allocable to any period after the receipt of <br />notice that an Event of Default has occurred and is continuing. Subject to Section <br />5.03 and any applicable requirement of law, any Rents received hereunder by the <br />Person exercising the rights under this Section shall be, promptly paid to the <br />Beneficiary, and any Rents received hereunder by the Beneficiary shall be <br />deposited in the Collateral Account, to be held, applied and disbursed as provided <br />in Section 14 of the Pledge Agreement. <br />(d) Nothing in this Section 5.08 shall be construed to be an assumption <br />by the Person exercising the rights under this Section, or to otherwise make such <br />Person liable for the performance, of any of the obligations of the Grantor under <br />the Leases, provided that such Person shall be accountable as provided in Section <br />5.08(c) for any Rents or Security Deposits actually received by such Person. <br />Section 5.09. Jurisdiction And Process. (a) To the extent permitted under <br />applicable law, in any suit, action or proceeding arising out of or relating to this <br />Deed of Trust or any other Security Document as it relates to any Trust Property, <br />the Grantor (i) irrevocably consents to the jurisdiction of any State or Federal <br />31 <br />(N1) 04675/ 120 /REAIJNEBRASKA/form.dot.NE.doc <br />