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<br />undetermined, absolute or contingent, liquidated or unliquidated, whether Borrower, BM
<br />& J Grand Island or such Affiliated Entity or Jeffrey H. Epstein, Robert L. Epstein or
<br />Michael L. Mercer may be liable individually or jointly with others, and whether
<br />obligated as guarantor, surety, accommodation party or otherwise. To the e�rtent that this
<br />Deed of Trust secures the obligations of one or more Affiliated Entities or Jeffrey H.
<br />Epstein, Robert L. Epstein or Michael L. Mercer, Borrower and BM & J Grand Island
<br />represent, warrant and agree that: (i) Borrower and BM & J Grand Island have received
<br />adequate consideration therefor; (ii) Lender has made no representation to Borrower or
<br />BM & J Grand Island as to the creditworthiness of the Affiliated Entities or Jeffrey H.
<br />Epstein, Robert L. Epstein or Michael L. Mercer; (iii) Borrower and BM & J Grand
<br />Island have established adequate means of obtaining, and will obtain from the A�liated
<br />Entities or Jeffrey H. Epstein, Robert L. Epstein or Michael L. Mercer on a continuing
<br />basis, financial and other information pertaining to the Affiliated Entities or Jeffrey H.
<br />Epstein, Robert L. Epstein or Michael L. Mercer's financial and other condition; (iv)
<br />Borrower and BM & J Grand Island waive any right to require Lender to proceed or
<br />e�chaust any remedies against any other person or collateral before proceeding against or
<br />exhausting the collateral encumbered by this Deed of Trust; (v) Borrower and BM & J
<br />Grand Island waive any right of subrogation and any right to enforce any remedy which
<br />Lender now has or may hereafter have against any A�liated Entities or Jeffrey H.
<br />Epstein, Robert L. Epstein or Michael L. Mercer and any benefit of, and any right to
<br />participate in, any security now or hereafter held by Lender; and (vi) all e�cisting and
<br />future obligations of any Affiliated Entity or Jeffrey H. Epstein, Robert L. Epstein or
<br />Michael L. Mercer to Borrower or BM & J Grand Island (including any right of
<br />indemnification) are hereby subordinated and made junior and inferior to all rights of
<br />Lender to have the obligations secured by this Deed of Trust fully performed.
<br />In the event the enforceability or validity of any portion of this Agreement, the Note,
<br />Deed of Trust, Assignment of Leases and Rents or other E�cisting Loan Documents is
<br />challenged or questioned, such provision shall be construed in accordance with and shall
<br />be governed by whichever applicable federal or Nebraska law would uphold or would
<br />enforce such challenged or questioned provisions. Notwithstanding the above, if any
<br />provision thereof is prohibited or unenforceable, such provision shall be ineffective to
<br />the e�ent of such prohibition or unenforceability without invalidating the remaining
<br />provisions thereof.
<br />9. This Agreement, and all documents executed in connection with this Agreement, is the
<br />product of negotiations between the parties. This Agreement shall not be construed
<br />against any of the parties by reason of the doctrine that an agreement, or the language
<br />thereof, may be construed against the party drafting such agreement or language. This
<br />Agreement shall control in the event of any conflict between the terms and provisions of
<br />this Agreement and the Existing Loan Documents.
<br />10. This Agreement shall inure to the benefit of and bind the parties hereto and their
<br />respective successors, assigns, heirs, representatives and estates.
<br />11. Bonower and BM & J Grand Island requests that any notice of default and notice of
<br />trustee's sale which may be executed or made under or pursuant to the Deed of Trust be
<br />given at the following address:
<br />1111 Fort Street
<br />Omaha, NE 68110
<br />12. Release of Claims. To induce Lender to modify the Loan, BM & J Grand Island,
<br />Borrower and any guarantors do hereby release Lender and its predecessors (including
<br />but not limited to the Federal Deposit Insurance Corporation in its corporate capacity and
<br />as Receiver of TierOne Bank), successors, assigns, o�cers, managers, directors,
<br />shareholders, employees, agents, attorneys, representatives, parent corporations, or
<br />subsidiaries, and affiliates (collectively referred to as"Lender Affiliates"), jointly and
<br />severally from any and all claims, counterclaims, demands, damages, debts, agreements,
<br />covenants, suits, contracts, obligations, liabilities, accounts, offsets, rights, actions and
<br />causes of action for contribution and indemnity, whether arising at law or in equity
<br />(including without limita.tion, claims of fraud, duress, mistake, tortious interference,
<br />usury, or control), whether presently possessed or possessed in the future, whether
<br />known or unknown, whether liability be direct or indirect, liquidated or unliquidated,
<br />whether presently accrued or to accrue hereafter, whether absolute or contingent,
<br />foreseen or unforeseen, and whether or not heretofore asserted, for or because of or as a
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