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200905$29 <br />immediate possession of the Property or any part thereof, to exclude Trustor therefrom, to <br />hold, use, operate, manage and control such Property, to make all such repairs, <br />replacements, alterations, additions and improvements to the same as such receiver or <br />Beneficiary may deem proper or expedient, to lease, sell or otherwise transfer the Property <br />or any portion thereof as such receiver or Beneficiary may deem proper or expedient, to <br />demand and collect all of the other earnings, rents, issues, profits, proceeds and other <br />sums due or to become due with respect to such Property. <br />(f) Remedies Cumulative, Concurrent and Nonexclusive. If the Obligations <br />are now or hereafter further secured by chattel mortgages, other deeds of trust, security <br />agreements, pledges, contracts of guaranty, assignments of leases, or other security, <br />Beneficiary may, at its option, exhaust its remedies under any one or more of said <br />instruments and this Deed of Trust, either concurrently or independently, and in such <br />order as Beneficiary may determine. Beneficiary shall have all rights, remedies and <br />recourses granted in the Loan Documents and available to it at law or equity (including, <br />without limitation, those granted by the Uniform Commercial Code), and. same (a) shall be <br />cumulative, concurrent, and nonexclusive, (b) may be pursued separately, successively or <br />concurrently against Trustor or others obligated far the Obligations, or any part thereof or <br />against any one or more of them, or against the Property, at the sole discretion of <br />Beneficiary, and (c) may be exercised as often as occasion therefor shall arise, it being <br />agreed by Trustor that the exercise of or failure to exercise any of same shall in no event <br />be construed as a waiver or release thereof or of any other right, remedy or recourse. <br />(g) Waiver by the Beneficiary. The Beneficiary may permit the Trustor to <br />attempt to remedy any default without waiving its rights and remedies hereunder, and the <br />Beneficiary may waive any default without waiving any other subsequent or prior default <br />by the Trustor. Furthermore, delay on the part of the Beneficiary in exercising any right, <br />power or privilege hereunder or at law will not operate as a waiver thereof, nor will any <br />single or partial exercise of such right, power or privilege preclude other exercise thereof <br />or the exercise of any other right, power or privilege. No waiver or suspension will be <br />deemed to have occurred unless the Beneficiary has expressly agreed in writing specifying <br />such waiver or suspension. <br />(h) Attorneys' Fees and Other Costs. Attorneys' fees and other costs incurred in <br />connection with this Deed of Trust may be recovered by the Beneficiary and included in <br />any sale made hereunder or by judgment of foreclosure. <br />4.2 Request for Notice. Trustor hereby requests that, unless otherwise prescribed by <br />law, a copy of any notice of default and a copy of any notice of sale pursuant to the Nebraska <br />Trust Deeds Act be mailed to Trustor at the Trustor's mailing address set forth in this Deed of <br />Trust. <br />4.3 Limitation on Rights and Waivers. All rights, powers and remedies herein <br />conferred shall be exercisable by Trustee and Beneficiary only to the extent not prohibited by <br />applicable law; and all waivers and relinquishments of rights and similar matters shall only be <br />effective to the extent such waivers or relinquishments are not prohibited by applicable law. <br />aiao~sss ~e a~„ Page 9 <br />