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<br />200806031 <br /> <br />the State of Nebraska, or take such other action at law or in equity for the enforcement of <br />this Deed of Trust and realization on the Mortgaged Property or any other security herein <br />or elsewhere provided for, as applicable Law may allow, and may proceed therein to final <br />judgment and execution for the entire unpaid balance of the Secured Obligations, with <br />interest at the Default Rate, together with all other sums due from Grantor and the other <br />Loan Parties in accordance with the provisions of the Credit Agreement and this Deed of <br />Trust, including all sums which may have been loaned by any Credit Party to Grantor and <br />the other Borrowers after the date of this Deed of Trust, all sums which may have been <br />advanced by any Credit Party for Taxes, water, or sewer rents, other lienable charges or <br />claims, insurance or repairs or maintenance after the date of this Deed of Trust (including <br />the period after the entry of any judgment in mortgage foreclosure or other judgment <br />entered pursuant to this Deed of Trust or any other Loan Document), and all costs of suit, <br />including counsel fees. Any foreclosure of this Deed of Trust may, at the option of <br />Beneficiary, be subject to the rights of any tenants under the Property Leases, and the <br />failure to make any such tenants parties defendant to any such foreclosure proceedings <br />and to foreclose their rights will not be asserted by Grantor as a defense to any <br />proceedings instituted by Beneficiary to recover Secured Obligations or any deficiency <br />remaining unpaid after the foreclosure sale of the Property; however, nothing herein <br />contained shall prevent Grantor from asserting in any proceedings disputing the amount <br />of the deficiency or the sufficiency of any bid at such foreclosure sale that any such <br />tenants adversely affect the value of the Property; <br /> <br />(ii) either with or without entering upon or taking possession of the Property, <br />demand, collect and receive any or all Revenues; <br /> <br />(iii) either with or without entering upon or taking possession of the Property, and <br />without assuming any obligations of Grantor thereunder, exercise the rights of Grantor <br />under, use or benefit from, any of the Property Leases; <br /> <br />(iv) in person, by agent or by court-appointed receiver, enter upon, take <br />possession of, and maintain full control of the Mortgaged Property in order to perform all <br />acts necessary or appropriate to maintain and operate the Mortgaged Property, including, <br />but not limited to, the execution, cancellation or modification of Property Leases, the <br />making of repairs to the Property and the execution or termination of contracts providing <br />for the management or maintenance of the Property, all on such terms as Beneficiary, in <br />its sole discretion, deems proper or appropriate; <br /> <br />(v) proceed by a suit or suits in law or in equity or by other appropriate <br />proceeding to enforce payment of the Secured Obligations or the performance of any <br />term, covenant, condition or agreement of this Deed of Trust or the Credit Agreement or <br />any of the other Loan Documents, or any other right, and to pursue any other remedy <br />available to it, all as Beneficiary shall determine most effectual for such purposes; <br /> <br />(vi) institute and maintain such suits and proceedings as Beneficiary may deem <br />expedient to prevent any impairment of the Mortgaged Property by any acts which may <br />be unlawful or in violation of this Deed of Trust, to preserve or protects its interest in the <br />Mortgaged Property and the Revenues, and to restrain the enforcement of or compliance <br />with any legislation or other governmental enactment, rule or order that would impair the <br />security hereunder or be prejudicial to the interest of Beneficiary; <br /> <br />8 <br />