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<br />transactions contemplated hereby and thereby, and all prior agreements among or between such
<br />parties, whether oral or written between Borrower and Lender are superseded by the terms of this
<br />Security Instrument and the other Loan Documents.
<br />Section 14.7 LIMITATION ON LENDER'S RESPONSIBILITY. No provision of this Security
<br />Instrument shall operate to place any obligation or liability for the control, care, management or
<br />repair of the Property upon Lender, nor shall it operate to make Lender responsible or liable for
<br />any waste committed on the Property by the tenants or any other Person, or for any dangerous or
<br />defective condition of the Property, or for any negligence in the management, upkeep, repair or
<br />control of the Property resulting in loss or injury or death to any tenant, licensee, employee or
<br />stranger. Nothing herein contained shall be construed as constituting Lender a "mortgagee in
<br />possession."
<br />Section 14.8 CROSS- COLLATERALIZATTON. Borrower acknowledges that the Secured
<br />Obligations are secured by this Security Instrument together with those additional Security
<br />Instruments given by Borrower to Lender, together with the other Loan Documents securing or
<br />evidencing the Obligations, and encumbering the other Individual Properties, all as more
<br />specifically set forth in the Loan Agreement. Upon the occurrence of an Event of Default,
<br />Lender shall have the right to institute a proceeding or proceedings for the total or partial
<br />foreclosure of this Security Instrument and any or all of the other Security Instruments whether
<br />by court action, power of sale or otherwise, under any applicable provision of law, for all of the
<br />Secured Obligations or the portion of the Obligations allocated to the Property in the Loan
<br />Agreement, and the lien and the security interest created by the other Security Instruments shall
<br />continue in full force and effect without loss of priority as a lien and security interest securing
<br />the payment of that portion of the Obligations then due and payable but still outstanding.
<br />Borrower acknowledges and agrees that the Property and the other Individual Properties are
<br />located in one or more States and counties, and therefore Lender shall be permitted to enforce
<br />payment of the Obligations and the performance of any term, covenant or condition of the Note,
<br />this Security Instrument, the Loan Documents or the other Security Instrumeants and exercise any
<br />and all rights and remedies under the Note, this Security Instrument, the other Loan Documents
<br />or the other Security Instruments, or as provided by law or at equity, by one or more
<br />proceedings, whether contemporaneous, consecutive or both, to be determined by Lender, in its
<br />sole discretion, in any one or more of the States or counties in which the Property or any other
<br />Individual Property is located. Neither the acceptance of this Security Instrument, the other Loan
<br />Documents or the other Security Instruments nor the enforcement thereof in any one State or
<br />county, whether by court action, foreclosure, power of sale or otherwise, shall prejudice or in any
<br />way limit or preclude enforcement by court action, foreclosure, power of sale or otherwise, of the
<br />Note, this Security Instrument, the other Loan Documents, or any other Security Instruments
<br />through one or more additional proceedings in that State or county or in any other State or
<br />county. Any and all sums received by Lender under the Note, this Security Instrument, and the
<br />other Loan Documents shall be applied to the Obligations in such order and priority as Lender
<br />shall determine, in its sole discretion, without regard to the Release Price for the Property or any
<br />other Individual Property or the appraised value of the Property or any Individual Property.
<br />Article 15 - STATUS OF BORROWER
<br />Section 15.1 STA'T'US OF BORROWER. Borrower's exact legal name is correctly set forth
<br />in the first paragraph of this Security Instrument and the signature block at the end of this
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<br />Nebraska
<br />[TPW: NYL.GAL.423132.1] 20528 -00020 01/26/2006 10:14 AM
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