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<br />08.06.2008
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<br />200807161
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<br />File No. 16-471
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<br />process of law, and all damages which may be sustained by any such tenant as a result
<br />thereof being hereby expressly waived.
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<br />Section 5.03. Appointment of Receiver. If an Event of Default shall have occurred,
<br />Beneficiary, as a matter of right and without notice to Trustor or anyone claiming under Trustor,
<br />and without regard to the then value of the Mortgaged Property or the interest of Trustor therein,
<br />shall have the right to apply to any court having jurisdiction to appoint a receiver or receivers of
<br />the Mortgaged Property and Trustor hereby irrevocably consents to such appointment and
<br />waives notice of any application therefor. Any such receiver or receivers shall have all the usual
<br />powers and duties of receivers in like or similar cases.
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<br />Section 5.04. Remedies Not Exclusive. Beneficiary shall be entitled to enforce
<br />payment and performance of any Secured Obligations hereby and to exercise all rights and
<br />powers under this Deed of Trust or under any Loan Documents, or the provisions of the
<br />Nebraska Trust Deeds Act, as now enacted or subsequently amended, any other laws now or
<br />hereafter in force, notwithstanding some or all of the Secured Obligations may now or hereafter
<br />be otherwise secured, whether by mortgage, deed of trust, pledge, lien, assignment or
<br />otherwise. Neither the acceptance of this Deed of Trust nor its enforcement, whether by court
<br />action or pursuant to the power of sale or other powers herein contained, shall prejudice or in
<br />any manner affect Beneficiary's right to realize upon or enforce any other security now or
<br />hereafter held by Beneficiary, it being agreed that Beneficiary shall be entitled to enforce this
<br />Deed of Trust and any other security now or hereafter held by Beneficiary in such order and
<br />manner as it may in its absolute discretion determine. No remedy herein conferred upon or
<br />reserved to Beneficiary is intended to be exclusive of any other remedy given hereunder or now
<br />or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the
<br />Loan Documents to Beneficiary, or to which Beneficiary may be otherwise entitled, may be
<br />exercised, concurrently or independently, from time to time and as often as may be deemed
<br />expedient by Beneficiary. Beneficiary may pursue inconsistent remedies.
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<br />The acceptance by Beneficiary of any sum after the same is due shall not constitute a
<br />waiver of the right either to require prompt payment, when due, of all other sums hereby
<br />secured or to declare a default as herein provided. The acceptance by Beneficiary of any sum
<br />in an amount less than the sum then due shall be deemed an acceptance on account only and
<br />upon condition that it shall not constitute a waiver of the obligation of Trustor to pay the entire
<br />sum then due, and failure of Trustor to pay such entire sum then due shall be and continue to
<br />be an Event of Default notwithstanding such acceptance of such amount on account, as
<br />aforesaid. Beneficiary or Trustee shall be, at all times thereafter and until the entire sum then
<br />due shall have been paid, and notwithstanding the acceptance by Beneficiary thereafter of
<br />further sums on account, or otherwise, entitled to exercise all rights in his instrument conferred
<br />upon them or either of them, and the right to proceed with a sale under any notice of default or
<br />an election to sell, or the right to exercise any other rights or remedies hereunder, shall in no
<br />way be impaired, whether any of such amounts are received prior or subsequent to such
<br />proceeding, election or exercise. Consent by Beneficiary to any action or inaction of Trustor
<br />which is subject to consent or approval of Beneficiary hereunder shall not be deemed a waiver
<br />of the right to require such consent or approval to future or successive actions or inactions.
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<br />ARTICLE VI
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<br />MISCELLANEOUS
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<br />Section 6.01. Governina Law. This Deed of Trust shall be governed by the laws of the
<br />state in which the Property is located. In the event that any provision or clause of this Deed of
<br />Trust conflicts with applicable laws, such conflicts shall not affect other provisions of this Deed
<br />of Trust which can be given effect without the conflicting provision, and to this end the
<br />provisions of this Deed of Trust are declared to be severable. This instrument cannot be
<br />waived, changed, discharged or terminated orally, but only by an instrument in writing signed by
<br />the party against whom enforcement of any waiver, change, discharge or termination is sought.
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<br />Section 6.02. Waiver of Riahts. To the extent permitted by law, Trustor waives the
<br />benefit of all laws now existing or that hereafter may be enacted (i) providing for any
<br />appraisement before sale of any portion of the Mortgaged Property, and (ii) in any way
<br />extending the time for the enforcement of the collection of the Secured Obligations or creating
<br />or extending a period of redemption from any sale made in collecting the Secured
<br />Obligations. To the full extent Trustor may do so, Trustor agrees that Trustor will not at any time
<br />insist upon, plea, claim or take the benefit or advantage of any law now or hereafter in force
<br />providing for any appraisement, valuation, stay, extension or redemption, and Trustor, for
<br />Trustor, Trustor's representatives, successors and assigns, and for any and all persons ever
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<br />Deed of Trust, Security Agreement and Assignment of Rents, Page 17
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