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201005095 necessary or desirable to preserve the value, marketability ar rentability of the Premises, or any part thereof or interest therein. The entering upon or taking possession of the Premises, the collection of rents, issues and profits and the applications thereof to the past due indebtedness secured hereunder, shall not cure ar waive any default or native of default hereunder or invalidate any act done in response to such default. (c) Commence an action to fareclnse this Deed of Trust as a mortgage, appoint a receiver, or specifically enforce any of the covenants hereof; or commence an action for strict foreclosure of this Deed of Trust. No remedy herein conferred upon ar reserved to Trustee or Beneficiary is intended to be exclusive of any other remedy herein or by law provided ar permitted, but each shall be cumulative, shall be in addition to every other remedy given hereunder ar now or hereafter existing at law ar in equity ar by statute, and may be exercised concurrently, independently or successively. 6. Any forbearance by Beneficiary in exercising any right ar remedy hereunder, ar otherwise afforded by applicable law, shall not be a waiver of ar preclude the exercise of any such right or remedy. The procurement of insurance ar payment of taxes or other liens or charges by Beneficiary shall not be a waiver of Beneficiary's right to accelerate the maturity of the indebtedness secured by this Deed of Trust, 7. The covenants and agreements herein contained shall bind and the rights hereunder shall inure to, the respective successors and assigns of Beneficiary and Trustor. All covenants and agreements of Tnxstor shall be joint and several. Time is of the essence. This Deed of Trust shall be governed by the laws of the State of Nebraslra. 8. The parties hereby request that a copy of any Notice of Default hereunder and a copy of any Notice of Sale hereunder be mailed to each party to this Deed of Trust at the address set forth above in the manner prescribed by applicable law. Except for any other notice required under applicable law to be given in any other manner, any notice provided for in this Deed of Trust shall be given by mailing such notice by certified mail addressed to the other party at the address set forth above. Any notice provided for in this Deed of Trust shall be deemed to have been given to Trustor ar Beneficiary when given in the manner designated herein. 9. Trustor does hereby absolutely and uncanditianally assign, transfer and convey to Beneficiary all Rents under the following provisions: (a) Trustor may, as Beneficiary's licensee, unless and until an Event of Default occurs under this Deed of Trust, collect the Rents ar other sums payable by virtue of the Leases. n~En of xavs?c 1:\T7C113111\2141NE-DOT.wpd