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<br /> 11. Condemnation. The proceeds of any award o�payment or claim for damages, direct or consequential, in connection wiih any
<br /> condemnation or other taking of the Trust Property, or any part ihereof, either tempora�ily or permanently, or for conveyance in lieu of or in
<br /> anticipation of condemnation, a�e hereby assigned to and shall be paid to Beneficia�y. Trustor wrll file and p�osecute, in good faith and with
<br /> due diligence, its claim fo�any such award or payment, and will cause the same to be collected and paid to Beneficia�y, and should it fail to
<br /> do so, Trustor inevocably auihorizes and empowers Beneficiary, rn the name of Trustor or otherwise, to file,prosecute, settle o�compromise
<br /> any such claim and to collect, �eceive for and retain the proceeds. lf the Trust Property is abandoned by Trustor, or, after notice by
<br /> Beneficia�y to Trusto�that the condemnor offers to make an award or seit/e a claim for damages, Tiusto�fails to respond to Beneficiary
<br /> within thirty(30/days after the date such notice is mailed, Beneficiary is authorized to col%ct and apply the proceeds in the manner indicated �
<br /> herein. The proceeds of any award or claim may, after deducting all reasonab/e costs and expenses, including attorneys'fees, which may
<br /> have been incuned by Beneficiary in the col%ction thereof, at the sole discretion of Beneficiaiy, be released to T�ustor, applied to restoration
<br /> of the Trust Property, o�applied to the payment of the Obligations. Unless Beneficiary and Trustor otherwise ag�ee in writing, any such
<br /> application of proceeds to the Note or Guaranty, as applicab/e, shall not extend or postpone the due date of any regular installments calle0
<br /> for thereunder or change the amount of any such installments.
<br /> 12. Environmenta/Representations and Warranties;/ndemnification;/nspection and Testing. Trustor represents and warrants ihat, except
<br /> as disclosed in writing to Beneficiary and except where Trustor has obtained ihe requisite local, state, and/or federal permits and approvals,
<br /> Trustor does not and will not generate nor have in its possession any hazardous or toxic wastes, chemicals or other substances, the
<br /> generation or possession of which are governed by local, state and/or environmental laws, ordinances, decrees, regulations and statutes
<br /> (hereinafier "Environmental Wastes"J. Trustor further represents and warrants that it is not presently the subject of any environmental
<br /> inquiry, litigation, administrative proceeding or threat thereof by a governmental authority, and that Trusto�shall promptly notify Beneficiary
<br /> of same if any of the foregoing does occu�. Tiustor also represents and warrants to Beneficiary that it is not subject to any judgmenr, decree,
<br /> order or citation relating to or arising out of a violation of local, siate or federal environmenta!laws or regulations. Tiustor shall also provide
<br /> Beneficiary when applicable with copies of all appropriate environmental permits and approvals.
<br /> Trustor wanants and represents that there are noi now, no�to the Tiustor's knowledge after reasonable investigation have there ever been
<br /> Environmental Wastes stored, deposited, treated, recycled or disposed of on, under, or at the Trust Property (including tanks or other
<br /> facilities thereon containing such materialsJ, which mate�ials or contained materials, if known to be present on the property or present in soils
<br /> or ground water, would�equire clean up, removal, or other�emedial action unde�envi�onmental laws.
<br /> Trustor will indemnify and hold harmless Beneficiary, its successors, assigns, employees, agents,parent, affiliates and subsidiaries, and each
<br /> of them, from any and all claims, suits, damages, liabilities and expenses arising out of or in connection with any alleged or actual pollution
<br /> or contamination of ihe ground, water or ai�of, on or nea�the Trust Property.
<br /> Beneficiary may at any time hire the services of an environmental consu/ting and/or testing company to inspect the T�ust Property with the
<br /> costs thereof to be charged to Trustor. Trustor shall not rely on such inspection nor shall T�ustor be relieved thereby of conducting its own
<br /> environmenta!audit or taking such other steps as are necessa�y to comply with environmental laws and regulations.
<br /> 13. Tiustoi Not Re%ased. Extension of the time for payment or modification of any amortization of the Obligations granted by Beneficiary to
<br /> any successo�rn interest of T�ustor shall not operate to release, in any manner, the liability of T�ustor and Trustor's successo�s in interest.
<br /> Beneficiary shall not be required to commence proceedings against such successor or refuse to extend time for paymeni o�otherwise modify
<br /> amortization of the Obligations by reason of any demand made by Trustor and Trustor's successo�s in inte�est.
<br /> 74. Additiona/Covenants. ln addition to any other covenants of Trustor made in any other agreement, instrument or document, Trustor
<br /> shall comply with the covenants set forth in any Rider attached and made a part of ihis Deed of T�ust.
<br /> 15. Schedu/e of Leases. Within ten (f0)days after demand, T�ustor shall furnish to Beneficiary a schedule, certified to by Trustor, setting
<br /> forth a///eases of the Trust Property, or any portion the�eof, including in each case, the name of the tenants or occupants, a desc�iption of
<br /> the space occupied by such tenant o�occupant, the�enta!payable for such space, and such other information and documenis with�espect
<br /> to such/eases and tenancies as Beneficiary may reasonably request.
<br /> 16. Covenants o/T�ustor with Respect to Leases. Without the prior written consent of Beneficiary, Trustor shall not, directly or indirectly,
<br /> with respect to any lease of space in the Trust Property, or any portion thereof, whether such lease is now or hereafter in existence:
<br /> lal Accept or permit any prepayment, discount or advance payment of�ent hereunde�in excess of one month,
<br /> lbl Cancel or terminate the same, or accept any cancellation, termination or sunender thereof, or permit any event to occur which would
<br /> occur thereunder to terminate or cancel the same, other ihan terminaYion fo�nonpayment of�ent,
<br /> (cJ Amend o�modify the same so as to reduce the term thereof, the rental payable thereunder, or to change any renewal p�ovisions
<br /> therein contained,
<br /> (d) Waive any default thereunder or breach thereof,
<br /> leJ Give any consent, waiver or approval thereunder or take any other action in connection therewith, o�with a lessee thereunder, which
<br /> wou/d have the effect of impairing the va/ue of the/esso�'s interest the�eunder or the property subject the�eto, or of impai�ing the
<br /> position of interesi of Beneficiary therein, o�
<br /> If) Sel% assign,pledge, mortgage or otherwise dispose of, or encumber its interest in any said lease or any renis, issues,profits issuing
<br /> or arising thereunder.
<br /> 17. Waiver of Statute oi Limitations. Time is of the essence in a!l of T�ustor's obligations and duties hereunder,•and to the extent permitted
<br /> by law, Trustor waives all present or future statutes of limitation with respect to any debt, demand or obligation secured hereby and any
<br /> acrion or proceeding for the pu�pose of enforcing this Deed of Trust or any rights or remedies contained herein.
<br /> 18. Assignment ot Deposits. /n the event construction of imp�ovements is contemp/ated by the Ob/igations secured he�eby, as additiona/
<br /> security therefor, Trustor hereby transfers and assigns to Beneficiary, all right, tit/e and inte�est to any and all monies deposited by or on
<br /> behalf of Trustor with any city, county,public body or agency, sanitary district, utility company, and any other body or agency, for the
<br /> installation or to secu�e the installation of any utility by Trustor,pertaining to the Tiust Property.
<br /> 19. Organizationa/ Existence. /f Trustor is an organization organized under the/aws of a state, it wi//do a//things necessary to preserve its
<br /> existence and all rights and privileges under the/aws of the state of its organization.
<br /> 20. Forbearance by Beneficiary Not a Waiver.Any delay by Beneficiary in exercising any right oi�emedy hereunder, or otherwise afforded
<br /> by app/icab/e/aw or equity, sha//not be a waiver of or prec/ude the exercise of such right or remedy or of any other right or remedy granted
<br /> he�eunder or at law or equity. The failure of the Beneficiary to exe�cise any option to acce%rate maturity of the Obligations secured by this
<br /> Deed of Trust, the forbea�ance by the Beneficia�y before or after the exercise of such opiion, or ihe withd�awa/or abandonment of
<br /> proceedings provided for by this Deed of T�usr shall not be a waiver of the�ight to exercise such option or to acce/erate the matu�ity of such
<br /> Obligations by reason of any past,present or future event which would permit acceleration under the Section entitled "Acceleration of Debt;
<br /> Fo�eclosure"herern. The p�ocurement of insu�ance, the payment of taxes or the discharge of liens o�cha�ges by Beneficia�y shall not be a
<br /> waiver of Beneficiary's right to accelerate the maturity of the Obligations hereby secured. The Beneficiary's�eceipt of any awards,proceeds
<br /> or damages under the Section entitled "Hazard lnsurance"and the Section entitled "Condemnation"herein shall not operate to cure or waive
<br /> default by the Trustor under ihe Section entitled "Events of Default"herein.
<br /> 21. Remedies Cumu/ative. A//remedies provided in this Deed of Trust are distinci and cumu/ative to any other�ight or remedy under this
<br /> Deed of Trust or afforded by law or equity, and may be exercised concurrently, independently o�successively, and as often as the occasion
<br /> therefor arises.
<br /> 22. Successors and Assigns Bound,•Number; Gender;✓oint and Severa/Liabi/iiy; Captions. The covenants and agreements herein contained
<br /> shall bind, and the rights hereunder shal!inu�e to, the respective heirs, legal representatives, successors and assigns of Beneficiary, Trustee,
<br /> and Trustor. Wherever used, the singular number shall include ihe plural, the plura/the singula� and the use of any gender shall be applicable
<br /> to all genders. All covenants and agreements of T�ustor shall be joint and several,•provided, however, that if the Trustor is an individual,
<br /> nothing contained in this Deed of Trust shall in any way obligate a spouse of the Trustor to pay the Obligations unless such spouse also signs
<br /> ihe Note or the Guaranty. The captions and headings of ihe Sections of this Deed of Trust are fo�convenience only and a�e not Co be used to
<br /> interpret or define the provisrons hereof.
<br /> 23. Notice. Except for any notice required under applicable law to be given in another manner, (al any notice to Tiustor provided for in this
<br /> Deed of Trust shall be given by mailing such notice by certified mail, return receipt�equested addressed to Trustor at its mailing address set
<br /> forth above or at such other address as T�ustor may designate by notice to Beneficiary as provided herein, and(bJ any notice to Bene/iciary
<br /> or Trustee shall be given by certified mail, �eturn receipt requested, to Beneficiary's and Trustee's mailing address stated herein or to such
<br /> other address as Beneficiary or Trustee may designate by notice to Trustor as p�ovided herein. Any notice provided for in this Deed of Trust
<br /> shall be deemed to have been given to Trustor, Beneficiary or T�ustee when given in ihe manner designated herein.
<br /> 24. Governing Law;Seveiabi/ity. This Deed of Trust shall be governed by the laws of the State of Nebraska. ln the event any provision or
<br /> clause of this Deed of Trust conflicts with applicable/aw, such conflict shall not affect other provisions of this Deed of Trust which can be
<br /> given effect without the conflicting provisions and fo this end the provisions of ihis Deed of Trust are decla�ed to be severable. ln the event
<br /> that any applicable law in effect on the date of the execution of this Deed of Trust limits the amount of inierest or oiher items which may be
<br /> /awfu//y charged and is interpreted in a manner such that any payment provided for in this Deed of Trust or in the Note or the Guaranty
<br /> (whether considered separately or together with other payments that are considered a pait of this Deed of Trust and this transaction/
<br /> violates such law, such payment is hereby reduced to the extent necessary to eliminate such violation if the T�ustor is entitled to the benefit
<br /> of such law.
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