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<br />200700035 <br /> <br />Obligations. Neither Grantor nor any other Person now or hereafter obligated for the payment of the <br />whole or any part of the Obligations shall be relieved of such liability by reason of (a) the failure of <br />Lender to comply with any request of Grantor or of any other Person to take action to foreclose this Deed <br />of Trust or otherwise enforce any of the provisions of this Deed of Trust, or (b) any agreement or <br />stipulation between any subsequent owner or owners of the Property and Lender, or (c) Lender's <br />extending the time of payment or modifying the terms of this Deed of Trust or any of the other Loan <br />Documents without first having obtained the consent of Grantor or such other Person. Regardless of <br />consideration, and without the necessity for any notice to or consent by the holder of any subordinate Lien <br />on the Property, Lender may release any Person at any time liable for any of the Obligations or any part <br />of the security for the Obligations and may extend the time of payment or otherwise modify the terms of <br />this Deed of Trust or any ofthe other Loan Documents without in any way impairing or affecting the Lien <br />of this Deed of Trust or the priority of this Deed of Trust over any subordinate Lien. The holder of any <br />subordinate Lien shall have no right to terminate any Lease regardless of whether or not such Lease is <br />subordinate to this Deed of Trust. Lender may resort to the security or collateral described in this Deed of <br />Trust or any of the other Loan Documents in such order and manner as Lender may elect in its sole <br />discretion. <br /> <br />Section 9.3 <br /> <br />Waivers and Agreements RelZardinl! Remedies. <br /> <br />To the full extent Grantor may do so, Grantor hereby: <br /> <br />(a) agrees that it will not at any time plead, claim or take advantage of any Laws <br />now or hereafter in force providing for any appraisement, valuation, stay, extension or redemption and <br />waives and releases all rights of redemption, valuation, appraisement, stay of execution, extension and <br />notice of election to accelerate the Obligations; <br /> <br />(b) waives all rights to a marshalling of the assets of Grantor, including the Property, <br />or to a sale in the inverse order of alienation in the event of a foreclosure of the Property, and agrees not <br />to assert any right under any Law pertaining to the marshalling of assets, the sale in inverse order of <br />alienation, the exemption of homestead, the administration of estates of decedents, or other matters <br />whatsoever to defeat, reduce or affect the right of Lender under the terms of this Deed of Trust to a sale of <br />the Property without any prior or different resort for collection, or the right of Lender to the payment of <br />the Obligations out of the proceeds of sale of the Property in preference to every other claimant <br />whatsoever; <br /> <br />(c) waives any right to bring or utilize any defense, counterclaim or setoff, other than <br />one which denies the existence or sufficiency of the facts upon which any foreclosure action is grounded. <br />If any defense, counterclaim or setoff, other than one permitted by the preceding clause, is timely raised <br />in a foreclosure action, such defense, counterclaim or setoff shall be dismissed. If such defense, <br />counterclaim or setoff is based on a Claim which could be tried in an action for money damages, such <br />Claim may be brought in a separate action which shall not thereafter be consolidated with the foreclosure <br />action. The bringing of such separate action for money damages shall not be deemed to afford any <br />grounds for staying the foreclosure action; and <br /> <br />(d) waives and relinquishes any and all rights and remedies which Grantor may have <br />or be able to assert by reason of the provisions of any Laws pertaining to the rights and remedies of <br />sureties. <br /> <br />Section 9.4 Successors and Assigns. <br /> <br />All of the grants, covenants, terms, provisions and conditions of this Deed of Trust shall run with <br />the Land and shall apply to and bind the successors and assigns of Grantor (including any permitted <br />subsequent owner of the Property), and inure to the benefit of Lender, its successors and assigns and to <br />the successors in trust of Trustee. <br /> <br />Hall County, Nebraska <br />Error! Unknown dOl:ument property name. <br /> <br />18 <br />