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200313229 prior written consent of Beneficiary, which may be withheld in Beneficiary's sole discretion; or e. The entry by any court of a final judgment against Trustor which might reasonably be anticipated to materially and adversely affect the ability of Trustor to perform their respective obligations under any of the Loan Instruments. 8. Acceleration Upon Default; Remedies. In the event of any Event of Default, Beneficiary at its option may declare any or all obligations to be due and payable and the same shall thereupon become immediately due and payable without any presentment, demand, protest, or notice of any kind. Thereafter Beneficiary may, at its sole and exclusive option, take one or more of the following actions: a. Commence an action to foreclose this Trust Deed as a mortgage, to appoint a receiver, or to specifically enforce any of the covenants hereof; b. Demand that Trustee exercise the power of sale granted herein; C. Selectively and successively enforce any and all rights provided to Beneficiary in one or more of the Loan Documents or by Governing Law upon the occurrence of an Event of Default; or d. Demand and accept all payments of rent from the tenants pursuant to paragraph 4 of this Trust Deed. 9. REMEDIES NOT EXCLUSIVE. No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy provided hereunder by this Trust Deed to Trustee or Beneficiary or to which either of them may be otherwise entitled, maybe exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Trustee or Beneficiary and either of them may pursue inconsistent remedies. Nothing herein shall be construed as prohibiting Beneficiary from seeking a deficiency judgment against Trustor to the extent such action is permitted by Governing Law. Trustee and Beneficiary, and each of them, shall be entitled to enforce payment and performance of any Obligation and to exercise all rights and powers underthis Trust Deed or any other Loan Instrument or any laws now or hereafter in force, notwithstanding that some or all of the obligations may now or hereafter be otherwise secured, whether by mortgage, deed of trust, security agreement, pledge, lien, assignment or otherwise. Neither the acceptance of this Trust Deed nor its enforcement, whether by court action or pursuant to the power of sale or other powers herein contained, shall prejudice or in any manner affect Trustee's or Beneficiary's right to realize upon or enforce any other security now or hereafter held by Trustee or Beneficiary, it being agreed that Trustee and Beneficiary, and each of them, shall be entitled to enforce this Trust Deed and any other security now or hereafter held by Beneficiary or Trustee in such order and manner as they or either of them may in their absolute discretion determine. 10. Appointment of Successor Trustee. Beneficiary may, from time to time, in the manner provided by the Act, substitute a successor or successors to the Trustee named herein or acting hereunder. 11. Duties and Obligations of Trustee. a. The duties and obligations of Trustee shall be determined solely by the express provisions of this Trust Deed and of the Nebraska Trust Deeds Act, as amended and in effect from time to time during the Term hereof hereto (the "Act ") . Trustee shall not be liable except for the performance of such duties and obligations as are specifically set forth herein and in the Act, and no implied covenants or obligations shall be imposed upon Trustee. b. No provision of this Trust Deed shall require Trustee to expend or risk its own funds, or otherwise incur any financial obligation in the performance of any of its duties hereunder, or in the exercise of any of its right or powers, if it shall have grounds for believing that the L0553199.1 -8-