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pill f[ly�.i (J) Priority of Leases. Except to the extent, if any, otherwise provided in a written instrument signed by the Beneficiary, the lien of this Deed of Trust is prior and paramount to all Leases of the Trust Estate or any part thereof. However, the Beneficiary may at its option without the consent of any person or entity, at any time subordinate the lien of this Deed of Trust to any existing or future Lease of all or any part of the Trust Estate by giving written notice to the tenant under such Lease; and upon sale of the Trust Estate under this Deed of Trust such tenant shall attorn to the owner and each successive owner of the Trust Estate. ARTICLE IV. EVENTS OF DEFAULT AND REMEDIES OF THE BENEFICIARY Section 4.01. Events of Default. Each of the following shall be an "Event of Default ": (A) default shall be made in the payment of any amount due under any of the Indebtedness; (B) default shall be made in the due observance or performance of any of the covenants, conditions or agreements on the part of the Grantor under this Deed of Trust; and, if such default shall be under Sections 3.06, 3.07, or 3.08 hereof, such default shall continue unremedied for thirty (30) days after the earlier of (i) written notice of default is given to the Grantor by any Secured Creditor or (ii) any officer of the Grantor obtains knowledge of such default; (C) any representation or warranty made by the Grantor herein, or in any certificate, instrument or document delivered hereunder, shall prove to be false or misleading in any material respect (or, with respect to any such representation or warranty that is qualified as to "materiality" or "Material Adverse Effect", shall prove to be false or misleading in any respect) on or as of the date made; (D) an "Event of Default" shall have occurred under the Loan Agreement or any other Loan Document; and (E) if, pursuant to Nebraska Revised Statute 76- 238.01, the Grantor shall notify the Beneficiary or any Secured Creditor of the Grantor's election to terminate or limit the operation of this Deed of Trust as security for future advances or future obligations, or record any such document. Section 4.02. Acceleration of Maturity. If an Event of Default shall have occurred and be continuing, the Beneficiary may declare the Indebtedness to be due and payable immediately by a notice in writing to the Grantor, and upon such declaration, all Indebtedness shall become due and payable immediately, anything contained herein or in any of the Loan Documents to the contrary notwithstanding. Section 4.03. Remedies of the Beneficiary. If one or more Events of Default shall occur and be continuing, the Beneficiary (personally or by attorney), in its discretion, may: (A) take immediate possession of the Trust Estate, collect and receive all credits, outstanding accounts and bills receivable of the Grantor and all rents, income, revenues, profits and proceeds pertaining to or arising from the Trust Estate, or any part thereof, whether then past due or accruing thereafter, and issue binding receipts therefor, and manage, control and operate the Trust Estate as fully as the Grantor might do if in possession thereof, including, without limitation, the making of all repairs or replacements deemed necessary or advisable; (B) proceed to protect and enforce the rights of the Grantor and the rights of the Beneficiary by suits or actions in equity or at law in any court or courts of competent jurisdiction, whether for specific performance of any covenant or any agreement contained herein or in any Loan Document or in aid of the execution of any power herein granted or for the foreclosure hereof or hereunder or for the 10 5301729 Hall County, Nebraska