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<br />200800520
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<br />20 K<iJt}j 2
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<br />3.2 Remedies Cumulative. No remedy or right of Beneficiary hereunder or under the
<br />Loan Agreement, the Notes or any of the other Loan Documents, or otherwise, or available under
<br />applicable law or in equity, shall be exclusive of any other right or remedy, but each such remedy
<br />or right shall be in addition to every other remedy or right now or hereafter existing under any
<br />such document or under applicable law or in equity. No delay in the exercise of, or omission to
<br />exercise, any remedy or right accruing on any Event of Default shall impair any such remedy or
<br />right or be construed to be a waiver of any such Event of Default or an acquiescence therein, nor
<br />shall it affect any subsequent Event of Default of the same or a different nature. Every such
<br />remedy or right may be exercised concurrently or independently, and when and as often as may be
<br />deemed expedient by Beneficiary. All obligations of Grantor, and all rights, powers and remedies
<br />of Beneficiary, expressed herein shall be in addition to, and not in limitation of, those provided by
<br />law or in equity or in the Loan Agreement, the Notes or any other Loan Documents or any other
<br />written agreement or instrument relating to any of the Secured Obligations or any security
<br />therefor.
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<br />3.3 Foreclosure. Upon the occurrence of an Event of Default, Trustee, or Trustee's
<br />successors, at the request of Beneficiary, or the representatives or assigns of Beneficiary may
<br />proceed to sell the property pursuant to the provisions of the Nebraska Trust Deeds Act, Neb.
<br />Rev. Stat. 76-100 I, et seq. In addition, Trustee and Beneficiary shall have every other remedy
<br />afforded to them pursuant to Nebraska law.
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<br />3.4 Possession of the Premises: Remedies for Leases and Rents. Grantor hereby
<br />waives all right to the possession, income, and rents of the Premises from and after the occurrence
<br />of any Event of Default, and Beneficiary is hereby expressly authorized and empowered, at and
<br />following any such occurrence, to enter into and upon and take possession of the Premises or any
<br />part thereof. If any Event of Default shall occur, then, whether before or after institution of legal
<br />proceedings to foreclose the lien of this Deed of Trust or before or after the sale thereunder,
<br />Beneficiary shall be entitled, in its sole and absolute discretion, to do all or any of the following:
<br />(i) enter and take actual possession of the Premises, the Rents, the Leases and other Collateral
<br />relating thereto or any part thereof personally, or by its agents or attorneys, and exclude Grantor
<br />therefrom; (ii) with or without process of law, enter upon and take and maintain possession of all
<br />of the documents, books, records, papers and accounts of Grantor relating thereto; (iii) as
<br />attorney-in-fact or agent of Grantor, or in its own name as mortgagee and under the powers
<br />herein granted, hold, operate, manage and control the Premises, the Rents, the Leases and other
<br />Collateral relating thereto and conduct the business, if any, thereof either personally or by its
<br />agents, contractors or nominees, with full power to use such measures, legal or equitable, as in its
<br />sole and absolute discretion or in the discretion of its successors or assigns may be deemed proper
<br />or necessary to enforce the payment of the Rents, the Leases and other Collateral relating thereto
<br />(including actions 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 ground which would
<br />entitle Grantor to cancel the same; (v) elect to disaffirm any Lease or sublease made subsequent
<br />hereto or subordinated to the lien hereof; (vi) make all necessary or proper repairs, decorations,
<br />renewals, replacements, alterations, additions, betterments and improvements to the Premises
<br />that, in its discretion, may secm appropriate; (vii) insure and reinsure the Collateral for all risks
<br />incidental to Beneficiary's possession, operation and management thereof; and (viii) receive all
<br />such Rents and proceeds, and perform such other acts in connection with the management and
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<br />NEWY 1\8176568.2
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