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2� 15�8�57 of this I]e�d of Trust in the of�Ciai records of the county in which the Mor�gag�d Property is located shall also operate from the date of such filing as a fixture f ling in accordance wi�h Nebraska Un�form Commercial Code. �Vithout �he prior written consent of Beneficiary, Trustor shall not create or suffer ta be created any ather security interest in such items, including replacements and additions thereto. Upon the occurren�e of an Event of I3efault,Beneficiary shall ha�e�he remedies of a secured party und�r the Nebraska Uniform �ommercial �ade and may also in�ake the other r�medies provided in this Deed af Trust. For purpases of this fixtur� fi�ing, the name of the deb�or is H� �F GRAND ISLAND LLC, a Nebraska Iimited �iability company, and HERITA�E AT SAGEW��D �PERATING LLC, a Nebraska limi�ed liab�lity �ompany, and the name of �he secur�d party is LTNT�N BANI�. AND TRUST ��MPANY, its suCcessors andlor assigns. The respeCti�e address�s of the debtor and secured party are set forth on the f rs�pag�of this Deed of Trust. E. This Deed of Trust secures an obli�ation incurred far the c�nstruction af Irnpra�ements an the Land including the acquisitiori cost of the Land, and is a "construc�ion martgage"as d�fined in�he Nebraska LTnifarm�ommercial Cvde. ARTI�LE III.-GENERAL PRQVISI�NS Section 3.� -Non-�Vai�er. The acceptance by Beneficiary of any sum after the same is due sha�I no�canstitute a waiver of the right either to require prompti payment,wh�n due, of all ather sums secured hereby or to declare a defau�t as herein provided. The acceptance by Beneficiary af any sum in an amoun� less �han the sum then due shall be deemed an acceptance on accnunt �n1y and upon conditian that it shall not cans�itute a waiver of the �bligation of Trustor to pay the entire sum then due, and Trustor's failure to pay said entire sum then due shall be and continue to be a default, notwithstanding such acceptance af such amoun� on acc�unt, as afaresaid, and Beneficiary ar Trustee shall be at all tim�5 thereafter and until the entire sum then due shall ha�e been paid, and no�withstanding the acceptance by Beneficiary thereafter of further sums on account, or otherwise, ent�tled �o exercise all rights in this Deed of Trust Conferred upon them, ar either �f them, upon �he occurren�e of a default, and the right to proceed with foreclosure or Trustee's sale shall in no way b� impaired,whether any❑f such amounts are received prior or subsequ�nt ta such notice. S�ction 3.2 — Substitute Performanc�b Benefici . Should Trustor fail to pay or perform when requir�d any obligatian of Trustor hereunder, or pursuant �o the Note, the Laan Documents or any other instrument or a�reement of Trustor in cannection herewith, after applicable na�i�e and cure period, Beneficiary rnay, but shall not be obligated to, without regard ta the adequacy of its securi�y and without prej udiee to its right to declar� a default hereund�r, pay ar perform the same without natice ar demand to or upon Trust�r. The payment by Beneficiary of any delinquent tax, assessment or governmental charge,or any Iien or encumbrance which B�neficiary in goad faith belie�es might be prior hereto,or any insurance premium for insurance which Trustor is obligated to maintain hereunder but which Beneficiary in gaod faith believes has not been pro�ided, shail be conclusive between the parties as to the legality and amaunt so paid. Beneficiary shall be subrogated ta a�l rights,equities and �iens discharged by any such expenditure. Af�er any d�fault hereunder, or pursuant to the Note, the Loan Dacuments or any other instrument or abliga�ion of Trustar in connection w�th the loan secur�d hereby, and whether or not an action is instituted t� enforce any provision �f this Deed of Trust, the Note, the Loan Documents or such oth�r instrument or ob�igatifln of Trustor, Trustor shall pay ta 15