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2oioo5o9s <br />response to such default. <br />(c) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a <br />receiver, ar specifically enforce any of the covenants hereof; or commence an <br />action for strict foreclosure of this Deed of Trust. <br />No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive <br />of any other remedy herein or by law provided or permitted, but each shall be cumulative, shall <br />be in addition to every other remedy given hereunder or now or hereafter existing at law or in <br />equity or by statute, and may be exercised concurrently, independently or successively. <br />6. Any forbearance by Beneficiary in exercising any right or remedy hereunder, or <br />otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such <br />right or remedy. The procurement of insurance ar payment of taxes or other liens or charges by <br />Beneficiary shall not be a waiver of Beneficiary's right to accelerate the maturity of the <br />indebtedness secured by this Deed of Trust. <br />7. The covenants and agreements herein contained shall bind and the rights hereunder <br />shall inure ta, the respective successors and assigns of Beneficiary and Trustor. All covenants <br />and agreements of Trustor shall be joint and several. Time is of the essence. This Deed of Trust <br />shall be governed by the laws of the State of Nebraska. <br />S. The parties hereby request that a copy of any Notice of Default hereunder and a cagy <br />of any Notice of Sale hereunder be mailed to each party to this Deed of Trust at the address set <br />forth abave in the manner prescribed by applicable law. Except for any other notice required <br />under applicable law to be given in any other manner, any notice provided for in this Deed of <br />Trust shall be given by mailing such notice by certified mail addressed to the other party at the <br />address set forth above. Any notice provided for in this Deed of Trust shall be deemed to have <br />been given to Trustor or Beneficiary when given in the manner designated herein. <br />9. Trustor does hereby absolutely and unconditionally assign, transfer and convey to <br />Beneficiary all Rents under the following provisions: <br />(a) Trustor may, as Beneficiary's licensee, unless and until an Event of Default occurs <br />under this Deed of Trust, collect the Rents or other sums payable by virtue of the <br />Leases. <br />(b) Upon the occurrence of an Event of Default, Beneficiary may at any time and <br />without notice, either in person, by agent or by receiver to be appointed by a court, <br />terminate Trustor's license to collect the Rents, enter and take possession of the <br />Property or any part thereof and in its own name sue far or otherwise collect the <br />Rents. Trustor agrees that the other parties under the Leases may, upon notice <br />from Beneficiary of the occurrence of an Event of Default, thereafter pay direct to <br />Beneficiary the Rents due and to become due under the Leases and attorn to all <br />DEED OF TRUST <br />J:\TJC\13111\223\NE-DOT.2.wpd 5 <br />