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<br />SEP/26/2008/FRI 03: 11 PM HARDING & SCHULTZ
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<br />FAX No. 402 434 3030
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<br />P. 008
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<br />200808234
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<br />expedient by Beneficiary or Trustee. All obligations of Trustor. and all rights, powers and remedies
<br />of Beneficiary and Trustee expres.qed herein shall be in addition to, and not in limitation of, those
<br />provided by law, equity or in the Credit Agreement and any other Loan Document.
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<br />SECTION 5.04. Possession of Premises. Trustor hereby waives, while any Event of
<br />Default exists, all right to the possession, income, earnings, revenues, issues, profits al).d Rents of the
<br />Premises. Beneficiary or a Receiver (as the case may be as the Person exercising the rights under
<br />this Section) is hereby expressly authorized and empowered to the extent permitted by applicable
<br />law, but not obligated, while any Event of Default exists, (i) to .enter into and upon and take
<br />possession of, and operate all facilities on. the Premises or any part thereof, personally, Or by its
<br />agents or attorneys, and exclude Trustor therefrom without liability for trespass, damages or
<br />otllerwise; (ii) to enter upon and take and maintain possession of all of the documents, books,
<br />records, papers and accounts of Trustor relating to the possession and operation of tbe Mortga.ged
<br />Property; (ill) to conduct, either personally or by its agents, the business of the Premises; (iv) to
<br />exercise all rights of Trustor with respect to the Mortgaged Prop~rtYJ inclu,ding, without ~imitation,
<br />the right to sue for or otherwise collect the Rents, including those that are unpaid; (v) to complete
<br />any alteration or restoration in progress on the Premises at the expense ofTtustor at reasonable and
<br />customary cost or at such cost previously agreed to by Trustor, and (vi) to apply all income of the
<br />Premises less the necessary or appropriate expenses of collection thereof, either for the operation,
<br />care and pre.servation of the Premises, or, at the election of the Person exercising the rights under this
<br />Section in its sole discretion, as provided in Section 5.09 hereof. The Person exeroising the rights
<br />Wider this Section is also hereby granted full and complete authority while any Event of Default
<br />exists (vii) to employ watchmen to protect the Mortgaged Property; (viii) to continue any and all
<br />outstanding contracts for the erection and completion of Improvements to the Premises; (ix) to make
<br />all necessary and proper repairs, renewals, replacements. alterations, additions. betterments and
<br />improvements to the Premises that, in its sole discretion, it may deem appropriate; ex) to insure and
<br />:reinsure the Premises for all risks incidental to Beneficia.ry's possession. operation and management
<br />thereof; (xi) to make lUld enter into any contracts or obligations wherever necessary in its own name
<br />for the operation, care and preservation of the Mortgaged Property, a.nd (xii) to pay and discharge all
<br />debts. obligations and liabilities incu:cred thereby, all at the expense of Trustor. The Person
<br />. exercising the rights under this Section shall not be liable to account for any action taken hereunder,
<br />and shall not be.liable far my loss sustained by Trustor reSUlting from any act or omission of such
<br />Person, except to the extent such loss is caused by such Personls willful misconduct or gross
<br />negligence. All such expenditures by the Person exercising the rights under this Section shall be
<br />Obligations hereunder.
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<br />SECTION 5.05. Foreclosure; Receiver. While any Event of Default exists.
<br />Beneficiary and Trustee, with or without entry. shall also have the following lights:
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<br />(a) to institute a proceeding or proceedings, by advertisement, judicial process or
<br />otherwise, as provided under applicable law, far the complete or partial foreclosure oftbis Deed of
<br />Trust or the complete or partial sale of the Mortgaged Property under the power of sale hereunder or
<br />under any applicable provision of law. Should Beneficiary elect to foreclose by exercise of the
<br />power of sale herein contained. Beneficiary shall notify Trustee and shall deposit with Trustee this
<br />Deed of Trust and the Note and such receipts and evidence of expenditures made and secured hereby
<br />as Trustee may require. Upon receipt of such notice from Beneficiary, Trustee shall cause to be
<br />recorded, published and deli vered to Trustor such notice of default and notice of sale a.s then
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