|
. �. - ,.� �. , , :� � 200001027
<br /> 11. Condemnation. The p�oceeds of any award or payment o�claim for damages, direct or consequential, in conneciion with any
<br /> condemnation or other taking of the Tiust Property, or any part thereof, either temporarily or permanently, or for conveyance in lieu of or in
<br /> , anticipation of condemnation, are hereby assigned to and shall be paid to Beneficiary. T�ustor will file and prosecute, in good faith and with
<br />. due diligence, its claim for any such award o�payment, and will cause the same to be collected and paid to Beneficia�y, and should it fail to
<br /> do so, Trustor irrevocably authorizes and empowers Beneficiary, in the name of Trustor or ofherwise, to file,prosecute, settle or compromise
<br /> any such claim and to collect, receive for and retain the proceeds. lf the Tiust Property is abandoned by Trustor, or, after notice by
<br /> Beneficiary to T�ustor that the condemnor offers to make an award or sett/e a c/aim fo�damages, Trustoi fai/s to respond to Beneficiary
<br /> within thirty(30/days afier the date such notice is mailed, Beneficiary is authori2ed to collect and apply ihe proceeds in the manner indicated
<br /> herein. The proceeds of any award or claim may, after deducting all reasonable costs and expenses, including attorneys'fees, which may
<br /> have been incurred by Beneficia�y in the collection thereof, at the sole discretion of Beneficiaiy, be released to Trustor, applied to restoration
<br /> of the Trust Property, or app/ied to the payment of the Ob/igations. Un/ess Beneficia�y and Trustor othe�wise agree in writing, any such
<br /> application of proceeds to the Note or Guaranty, as applicable, shall not extend or postpone the due date of any regula�installments called
<br /> for thereunder or change the amount of any such installments.
<br /> 12. Environmenta/Representations and Warranties;/ndemnification;/nspection and Testing. Tiustor represents and wa�rants that, except
<br /> as disclosed in writing to Beneficiary and except where Trustor has obtained the 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, �egulations and statutes
<br /> Ihereinafter "Environmental Wastes"1. Trustor further represents and wa�rants that it is not presenily the subject of any environmental
<br /> inquiry, litigation, administ�ative proceeding or th�eat thereof by a gove�nmental authority, and that Trustor shall promptly notify Beneficia�y
<br /> of same if any of the foregoing does occur. Trustor also represents and warrants to Beneficiary that it is not subject to any judgment, decree,
<br /> order o�citation�elating to or arising out of a violation of local, state or federal environmental laws or regulations. Trustor shall also provide
<br /> Beneficiary when applicable with copies of all appropriate environmental pe�mits and approvals.
<br /> Trustor wa��ants and represenis that there are not now, nor to the Trustor's knowledge after reasonable investigation have the�e ever been
<br /> Environmental Wastes stored, deposited, treated, recycled or disposed of on, under, or at the Tiust Property (including tanks or other
<br /> facilities thereon containing such mate�ialsl, which materials or contained materials, if known to be present on the property or present in soils
<br /> or ground water, would require clean up, removal, o�other remedial action under envi�onmental laws.
<br /> T�ustor will indemnify and hold harmless Beneficiary, its successors, assigns, employees, agents,parent, affiliates and subsidia�ies, and each
<br /> of them, from any and all claims, suits, damages, liabilities and expenses a�ising out of or in connection with any alleged or actual pollution
<br /> or contamination of the ground, water or air of, on or near the Trust Property.
<br /> Beneficiary may at any time hire the services of an environmental consulting and/or testing company to inspect the Trust Property with the
<br /> costs thereof to be charged to T�ustor. Trustor sha//not�e/y on such inspection nor sha// T�ustor be�e/ieved thereby of conducting its own
<br /> environmental audit or taking such other steps as are necessary to comply with environmental laws and iegulations.
<br /> 13. Trustoi Not Re%ased. Extension of the time for payment or modification of any amortization of the Obligations granted by Beneficiary to
<br /> any successo�in interesi of T�usto�shall not operate to re%ase, in any manner, the liability of Trustor and Trustor's successors in interesr.
<br /> Beneficiary shall not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify
<br /> amortization of the Obligations by�eason of any demand made by Trustor and Trustor's successo�s in interest.
<br /> 14. Additiona/Covenants. /n addition to any other covenants of Trustor made in any other agreement, instrument or document, Trustor
<br /> shall comply with the covenants set forih in any Rider attached and made a part of this Deed of Trust.
<br /> 15. Schedu/e of Leases. Within ten (f01 days after demand, Trustor shall fu�nish to Beneficiary a schedule, certified to by Trustor, setting
<br /> forth a///eases of the Trust Property, or any portion thereof,including in each case, the name of the tenants o�occupants, a description of
<br /> the space occupied by such tenant o�occupant, ihe renta/payab/e fo�such space, and such other information and documents with respect
<br /> to such leases and tenancies as Beneficiary may�easonably request.
<br /> 16. Covenants of Trustor with Respeci 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, o�any portion thereof, whether such lease is now or hereafter in existence:
<br /> la)Accept or permit any p�epayment, discount or advance payment of rent hereunder in excess of one month,
<br /> (bl Cancel or terminate the same, or accept any cancellation, termination o�sur�ender thereof, or permit any event to occur which would
<br /> occu�thereunder to terminate or cancel the same, othe�than termination for nonpayment of rent,
<br /> lcl Amend or modify the same so as to reduce the term thereof, the rental payable thereunder, or to change any renewal provisions
<br /> therein contained,
<br /> (d) Waive any default thereunder or b�each thereof,
<br /> (eJ Give any consent, waive�or approval ihereunder o�take any othe�action in connection iherewith, or with a lessee thereunder, which
<br /> would have the effect of impai�ing ihe value of the lessor's interest thereunder or the property subjeci thereto, or of impairing the
<br /> position of interest of Beneficiary therein, or
<br /> (fl Sel% assign,pledge, mortgage or otherwise dispose of, or encumber its interest in any said lease or any�ents, issues, p�ofits issuing
<br /> or arising thereunder.
<br /> 77. Waiver of Statute of Limitations. Time is of the essence in all of Trustor's obligations and duties hereunder;and to the extent permiited
<br /> by law, Trusior waives all p�esent or future statutes of limitation with respect to any debt, demand or obligation secured hereby and any
<br /> action or proceeding for the purpose of enforcing this Deed of Trust or any righis or remedies contained herein.
<br /> 18. Assignment of Deposits. ln the event construction of improvements is contemplated by the Obligations secured hereby, as additional
<br /> security therefor, Trusto�he�eby transfe�s and assigns to Beneficiary, a!l right, title and interest 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 othe�body or agency, for the
<br /> installation or to secure the installation of any utility by Trustor,pertaining to the Trust Property.
<br /> 19. Organizationa/ Existence. lf Trustor is an organization organized under the laws of a state, it will do all things necessary to preserve its
<br /> existence and all�ights and privileges under the laws of the state of its organization.
<br /> 20. Forbearance by Beneficiary Not a Waiver. Any delay by Beneficiary in exe�cising any right or remedy hereunder, or otherwise afforded
<br /> by applicable law or equity, shall not be a waive�of or preclude the exercise of such right or remedy or of any othe�right or remedy granted
<br /> hereunder or at law or equity. The failu�e of the Beneficiary to exercise any option to accelerate maturity of the Obligations secured by this
<br /> Deed of Trust, the forbearance by the Beneficiary before or afte�the exercise of such option, or the withdrawa/or abandonment of
<br /> proceedings provided for by this Deed of T�ust shall not be a waiver of the right to exercise such option or to accelerate the maturity 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 /> Forec/osu�e"herein. The p�ocurement of insurance, the payment of taxes or the discharge of/iens or charges by Beneficia�y sha//not be a
<br /> waiver of Beneficiary's right to accelerate the maturity of the Obligations hereby secu�ed. The Beneficiary's receipt of any awards,proceeds
<br /> or damages under the Section entitled "Hazard lnsurance"and the Section entitled "Condemnation"herein shall not ope�ate to cure or waive
<br /> default by the Trustor under the Section entitled "Events of Default"herein.
<br /> 21. Remedies Cumulative. All remedies provided in this Deed of Tiust are distinct and cumulative to any other righi or remedy under this
<br /> Deed of Trust or afforded by law or equity, and may be exercised concunently, independently or successively, and as often as the occasion
<br /> therefor arises.
<br /> 22. Successors and Assigns Bound;Number; Gender,Joint and Seveia/Liabi/ity; Captions. The covenants and ag�eements herein contained
<br /> sha//bind, and the�ights he�eunder sha//inure to, the respective heirs, /ega/representatives, successors and assigns of Beneficiary, T�usiee,
<br /> and Trustor. Wherever used, the singular number shall include ihe plural, the plural the singular, and the use of any gender shall be applicable
<br /> to all genders. All covenants and agreements of T�usior shall be joint and several;p�ovided, howeve�, that if the Trustor is an individual,
<br /> nothing contained in ihis Deed of T�ust shall in any way obligate a spouse of the T�ustor to pay the Obligations unless such spouse also signs
<br /> the Note or the Guaranty. The captions and headings of the Sections of this Deed of Trust are for convenience only and are not to be used to
<br /> interpret or define the provisions hereof.
<br /> 23. Notice. Except for any notice required under applicable law to be given in another manne� /aJ any notice to Trustor provided for in this
<br /> Deed of Trust shall be given by mailing such notice by certified mail, return receipt requested add�essed to Trustor at its mailing address set
<br /> forth above or at such other address as Trustor may designate by notice to Beneficiary as provided herein, and(b/any notice to Beneficia�y
<br /> or Trustee shall be given by certified mail, return 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 T�ustor as provided herein.Any notice p�ovided for in this Deed of Trust
<br /> shall be deemed to have been given to Trustor, Beneficiary or Trustee when given in the manner designated he�ein,
<br /> 24. Governing Law;Severabi/ity. This Deed of T�ust shall be governed by the laws of the Siate of Nebraska. ln the event any provision or
<br /> clause ofi this Deed of Trust conflicts with applicable law, such conflict shall not affect other provisions of ihis Deed of Trust which can be
<br /> given effect without the conflicting provisions and to this end the provisions of this Deed of T�ust are declared 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 interest or other items which may be
<br /> /awfu//y charqed 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 part of this Deed of Tiust and this transaction)
<br /> violates such law, such payment is hereby reduced to the extent necessary to eliminate such violation if the Tiustor is entitled to the benefit
<br /> of such law.
<br />
|