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<br /> 11. Condemnetion. The proceeds of any award o�payment or claim fo�damages, di�ect or consequential, in connection with any
<br /> condemnation or other taking of the Tiust P�ope�ty, or any pa�t ihereof, either tempora�ily or permanently, or for conveyance in lieu of or in
<br /> anticipation of condemnation, are hereby assigned to and shall be paid to Beneficiary. Trustor will file and prosecute, in good faith and with
<br /> due diligence, its claim for any such award or payment, and will cause the same io be coUected and paid to Benefrciary, and should it fail to
<br /> do so, T�ustor irrevocably authorizes and empowers Beneficiary,in the name of Tiustor or otherwise, to frle,p�osecute, settle or compromise
<br /> any such claim and to col%ct, receive for and retain the p�oceeds. /f the Trust Property is abandoned by Tiustor, or, after notice by
<br /> Beneficiary to Trustor that the condemnor offerS to make an"award o�sett/e a c/aim for damages, T�ustor fails to respond to Beneficiary
<br /> within thirty 130J days after the date such notice is mai/ed, BenefiCiary is authorized to col%ct and apply the proceeds in the manner indicated
<br /> herein. The proceeds of any award or clarm may, after deducting all reasonable costs and expenses, including atto�neys'fees, which may
<br /> have been incurred by Beneficiary in the co!lection thereof, at the sole discretion of Beneficiary, be released to Trustor, applied to restoration
<br /> of the Trust Prope�ty, or app/ied to the payment of the Ob/igations. Un/ess Beneficia�y and T�ustor otherwise agree in writing, any such
<br /> applicarion of proceeds to the Note o�Guaranty, as applicable, shall not extend or postpone the due date of any regu/ar installments called
<br /> for thereunder or change the amount of any such installments.
<br /> 12. Environmenta/Represeniations and Warranties;/ndemnification;/nspection and Testing. Trustor�epresents and warrants that, except
<br /> as disclosed in writing to Beneficiary and except whe�e Trustor has obtained the requisite/ocal, state, and/or federal permits and approvals,
<br /> Trustor does not and will not generate nor have in its possession any haza�dous or toxic wastes, chemica/s o�other substances, the
<br /> generation or possession of which are governed by local, state and/or environmental laws, ordinances, decrees, regu/ations and statutes
<br /> lhereinafter "Environmental Wastes"l. Trustoi further represents and warrants that it is not presently ihe subject of any environmental
<br /> inqui�y, litigation, administrative proceeding or th�eat thereof by a gove�nmental authority, and that Trustor shall promptly notify Beneficiary
<br /> of same if any of the foregoing does occur. Tiustor a/so represents and warrants to Beneficiary that rt is not subject to any judgment, dec�ee,
<br /> order or citation re/ating to or arising out of a violation of local, state or federa!environmental laws or regulations. Trustor shall also provide
<br /> Beneficiary when applicable with copies of all appropriate envi�onmenta/pe�mits and app�ovals.
<br /> Trustor wanants and represents that there are not now, nor to the Trustor's knowledge after reasonab/e investigation have there ever been
<br /> Environmenta/ Wastes stored, deposited, treated,recycled"c�r disposed of on, untfe�, or at the Tiust Property finc/uding tanks or other
<br /> facilities thereon containing suEh materials/, which materi�ts or contained mater�ra/s, if known to be present on the property or present in soils
<br /> or ground water, would�equire clean up, removal, or othe�remedial action undei environment2'l laws.
<br /> Trustor will indemnify and hold harmless Beneficiaiy, its successors, assigns, employees, agents,parent, affiliates and subsidiaries, and each
<br /> of ihem, from any and all claims, suits, damages, liabilities and expenses arising out of or in connection with any alleged o�actual pollution
<br /> or contamination of the ground, water or air of, on or near ihe Trust Property.
<br /> Beneficiary may at any time hire the services of an environmental consulting and/or testing company to inspect the Tiust Property with the
<br /> costs thereof to be charged to Trustor. T�ustor shall not re/y on such inspection nor shall Trusto�be relieved thereby of conducting its own
<br /> environmental audit or taking such other steps as are necessary to comply with environmental laws and regulations.
<br /> 13. Trustoi Not Re%ased. Exiension of the time for payment or modification of any amortization of the Obligations granted by Beneficiary to
<br /> any successo�in interest of Trusto�shall not operate to re%ase, in any manne� the liability of Trustor and Trustor's successors in interest.
<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 reason of any demand made by T�ustor and Trust�r's successors 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 forth in any Ridei attached and made a part of this Deed of Trust.
<br /> 15. Schedu/e of Leases. Wiihin ten (f0J days after demand, Trustor shall furnish to Beneficia�y 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 or occupants, a description of
<br /> the space occupied by such tenant or occupant, the renta/payable for such space, and such othe�information and documents with respect
<br /> to such/eases and tenancies as Beneficiary may reasonab/y-�equest.
<br /> 16. Covenants of Trusto�with Respect to Leases. Without the prior written consent of Beneficiary, Trustor shall not, directly o�indirectly,
<br /> with respect to any lease of space in the Trust Property, or any portion thereof, whethe�such/ease is now or hereafter in existence:
<br /> (a/Accept or pe�mit any prepayment, discount or advance payment of rent hereunder in excess of one month,
<br /> (bl Cancel or te�minate the same, or accepi any cancellation, termination or surrender thereof, or permit any event to occur which would
<br /> occur thereunder to terminate o�cancel the same, other than termination for nonpayment of�ent,
<br /> (cl Amend or modify the same so as to reduce the term thereof, the rental payable thereunde� or to change any renewal provisions
<br /> therein contained,
<br /> ld/ Waive any default thereunder o�breach the�eof, .
<br /> lel Give any consent, waiver br approval theieuniier oi take any other action in connectio� therewith; or with a/essee thereunde�, which
<br /> would have the effect of impairing the value of the lessor's interest thereunder or the property subject thereto, or of impai�ing the
<br /> position of interest of Beneficiary iherein, or
<br /> (f) Sel% assign,pledge, mortgage or otherwise dispose of, or encumber its interest in any said/ease or any rents, issues,profits issuing
<br /> o�ansing thereunder.
<br /> 17. Waiver of Statute of Limitations. Time is of the essence in a!l of T�ustor's obligations and duties hereunder;and to the extent pe�mitted
<br /> by law, Trusror waives all present or future statutes of limitation with respect to any debt, demand or obligation secu�ed hereby and any
<br /> action or proceeding for the purpose of enforcing this Deed of Trust o�any rights or remedies contained herein.
<br /> 18. Assignment of Deposits. /n the event construction of improvements is contemp/ated by the Ob/igations secured hereby, as additiona/
<br /> security therefor, Trustor hereby transfers and assigns to Beneficiary, all right, tit/e and interest to any and all monies deposited by or on
<br /> beha/f of Trusto�with any city, county,pub/ic body or agency, sanitary district, uti/ity company, and any other body or agency, for the
<br /> installation or to secu�e the installation of any utility by 7rus7or,pertaining to the Tiust Prope�ty.
<br /> 19. Oiganizationa/ Existence. If Trustor is an oiganization organized under the/aws of a state, it wil!do all things necessary to p�eserve its
<br /> existence and all rights and privileges under the laws of the state of its organization.
<br /> 20. Fo�bearance by Beneficiaiy Not a Waiver. Any delay by Beneficia�y in exercising any right oi remedy hereunde�, or otherwise affo�ded
<br /> by applicable law or equity, shall not be a waive�of or p�eclude the exercise of such right o�remedy or of any other right or remedy granted
<br /> hereunder or at law or equity. The failure of the Beneficiary to exercise any option to acce%rate maturity of the Obligations secured by this
<br /> Deed of Trust, the fo�bearance by the Beneficiary before or afte�the exercise of such option, or the wiihdrawa/or abandonment of
<br /> p�oceedings provided for by this Deed of Tiust shall not be a waiver of the right to exercise such option or to acce%rate the maturity of such
<br /> Obligations by reason of any past,present or future event which would permit acceleration undei the Section entitled "Acceleration of Debt;
<br /> Foreclosure"herein. The procurement of insurance, the payment of taxes or the discharge of liens or charges by Beneficiary shall not be a
<br /> waiver of Beneficiary's right to accelerate the maturity of the Obligations hereby secured. The Beneficiary's receipt of any awa�ds,proceeds
<br /> or damages under ihe Section entitled "Hazard lnsurance"and the Section entit/ed "Condemnation"herein shall not ope�ate to cure or waive
<br /> default by the Trusror unde�the Section entitled "Events of Default"herein.
<br /> 21. Remedies Cumu/ative. All remedies provided in this Deed of Trust a�e distinct and cumulative to any other right o�remedy under this
<br /> Deed of Trust or affiorded by/aw or equity, and may be exe�cised concurrent/y, independent/y or successive/y, and as often as the occasion
<br /> therefor arises.
<br /> 22. Successors and Assigns Bound;Number;Gendel;Jornt a�d Severa!Liability;Captions. The covenants and agreemenis herein c�ntained
<br /> shall bind, and the rights hereunder shall inure to, the respective heirs, lega/representatives, successors and assigns of Beneficiary, T�ustee,
<br /> and Trustor. Wherever used, the singular number shall include the p/ural, the plural the singu/ar, and ihe use of any gender shall be applicable
<br /> to all genders. All covenants and agreements of Trustor shall be joint and several;p�ovided, however, that if the Trustor is an individual,
<br /> nothing contained in this Deed of T�ust shall in any way obligate a spouse of the Trustor 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 o�define the provisions hereof.
<br /> 23. Notice. Excepi for any notice required under app/rcab/e/aw to be given in another manner, (aJ any notice to Trustor provided fo�in this
<br /> Deed of T�ust shall be given by mailing such notice by certified mail, return receipt requested addressed to T�usto�at its mailing address set
<br /> forrh above o�at such other add�ess as Trusto�may designate by notice to Beneficiary as provided herein, and(bl any notice to Beneficiary
<br /> or Trustee shall be given by certified mail, �eturn receipt requested, to Beneficiary's and Trustee's mailing addiess stated herein or to such
<br /> othe�address as Beneficiary or Trustee may designate by notice to Trusto�as provided he�ein. Any notice p�ovided for in this Deed of Trust
<br /> shall be deemed to have been given to Trustor, Beneficiary or Tiustee when given in the manner designated herein.
<br /> 24. Governing Law;Severabi/ity. This Deed of Tiust shall be gove�ned by the/aws of the State of Nebraska. ln ihe event any provision o�
<br /> clause o!this Deed of Trust conflicts with applicable law, such conflict shall not affect other provisions of this Deed of T�ust which can be
<br /> given effect without the conflicting provisions and to this end the provisions of this Deed of Trust are declared to be seve�ab/e. 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 othe�rtems which may be
<br /> lawfully cha�ged 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 separate/y or together with other payments that are considered a pa�t 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 Trustor is entitled to the benefit
<br /> of such law.
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