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20�1049�2 commissions and charges of every character, and to the payment of the other Obligations, including specifically without limitation the principal, acerued interest, prepayment premium and attorneys' fees due and unpaid on the Obligations and the amounts due and unpaid and owed to Beneficiary under this Deed of Trust, the order and manner of application to the ternns in this clause FIRST to be in Beneficiary's sole discretion; and SECOND, the remainder, if any there sha11 be, shall be paid to Trustor, or to Trustor's heirs, representatives, successors or assigns, or such other persons (including the holder of any inferior lien) as may be entitled thereto by law; provided, however, that if Beneficiary is uncertain which person or persons are so entitled, Beneficiary may commence appropriate proceedings with respect to such remainder in any court of competent jurisdiction, and the amount of any attorneys' fees, court costs and expenses incurred in such action shall be a part of the Obligations and shall be reimbursable (without limitation) from such remainder. Section 5.3 Remedies Cumulative. All rights and remedies provided for herein and in any other Credit Document are cumulative of each other and of any and a11 othar rights and remedies available under the law, and Beneficiary shall, in addition to the rights and remedies provided herein or in any other Credit Document, be entitled to avail itself of all such other rights and remedies as may now or hereafter exist under applicable law for the collection of the Obligations and the enforcement of the covenants herein and the foreclosure of the liens and security interest evidenced hereby, and the resort to any right or remedy provided for hereunder or under any such other Credit Document or provided under applicable law shall not prevent the concurrent or subsequent employment of any other appropriate right or rights or remedy or remedies. Section 5.4 Beneficiary's Discretion as to Security. Beneficiary may resort to any security given by this Deed of Trust or to any other security now existing or hereafter given to secure the payment of the Obligations, in whole or in part, and in such portions and in such order as may seem best to Beneficiary in its sole and uncontrolled discretion, and any such action sha11 not in anyway be considered as a waiver of any rights, benefits, liens or security interest evidenced by this Deed of Trust. Section 5.5 Waiver of Homestead and Other Exemptions. Trustor hereby waives all homestead, dower or curtesy interest, redemption rights and appraisement rights or other exemptions to which Trustor would otherwise be entitled under any applicable law. Section 5.6 Reimbursement of Amounts Egpended by Beneficiary. Upon demand, Trustor shall immediately reimburse Beneficiary for all amounts (including attorney fees and legal expenses) expended by Beneficiary in the performance of any action required to be taken by Trustor or the exercise of any right or remedy of Beneficiary under this Deed of Trust, together with interest thereon at the Default Rate. These sums shall be included in the defuution of Obligations herein and sha11 be secured by the interest granted herein. ARTTCLE 6 - MISCELLANEOUS Section 6.1 Scope of Deed of Trust. This Deed of Trust is a mortgage of real property, a security agreement, and an absolute assignment of leases and rents, and also covers proceeds and fixtures. Section 6.2 Effective as a Financing Statement, Fisture Filing. This Deed of Trust shall be effective as a financing statement. The mailing addresses of Trustor and Beneficiary aze as set forth in Section 6.26 of this Deed of Trust. A carbon, photographic or other reproduction of this Deed of Trust or of any financing statement relating to this Deed of Trust shall be sufficient as a financing statement. This insMxment shall also be deemed to he a Fixture Filing within the meaning of the UCC, and for such purpose, the following information is given: (a) Name and address of Debtor: (b) Type of Organization: (c) Jurisdiction of Organization: (d) Name and address of Secured Party: (e) Description of collateral: (fl Description of real estate to which the Collateral is attached or upon which it is or will be located: See Section 6.26 Corporation Nebraska See Section 6.26 See granting clause above See Eshibit "B" attached hereto. DOCS/1045495.1 15