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Trustee (or any substitute Trustee) in the exercise of the powers hereby granted or otherwise, except for such Trustee's or substitute Trustee's gross negligence or willful misconduct. Section 9.1 Notices. Whenever Beneficiary or Grantor shall desire to give or serve any notice, demand, request or other communication with respect to this Deed of Trust, each such notice, demand, request or other communication shall be in writing and shall be deemed to have been given if sent by hand delivery, overnight courier or certified mail, postage prepaid, addressed to the following addresses: 4837 - 9099 - 7551.5 If to Grantor: With copy to: If to Beneficiary: ARTICLE 9 MISCELLANEOUS 2 01605356 Hatchery Holdings, LLC 5800 Merle Hay Road, Suite 14, PO Box 394 Johnston, IA 50131 -0394 Kutak Rock LLP The Omaha Building 1650 Farnam Street Omaha, NE 68102 Attention: James Creigh, Esq. PVIPE, LLC 123 North Locust Street, Suite 201B Grand Island, Nebraska 68801 Any party may at any time change its address for such notices by delivering to the other parties hereto, as aforesaid, a notice of such change. Section 9.2 Covenants Running with the Land. All Obligations contained in this Deed of Trust are intended by Grantor, Beneficiary and Trustee to be, and shall be construed as, covenants running with the Land. As used herein, "Grantor" shall refer to the party named in the first paragraph of this Deed of Trust and to any subsequent owner of all or any portion of the Mortgaged Property. All persons who may have or acquire an interest in the Mortgaged Property shall be deemed to have notice of, and be subject to, the terms of the Note and this Deed of Trust. Section 9.3 Attorney - in - Fact. Effective upon the occurrence and during the continuance of an Event of Default, Grantor hereby irrevocably appoints Beneficiary as its attorney -in -fact, which agency is coupled with an interest and with full power of substitution, with full authority in the place and stead of Grantor and in the name of Grantor or otherwise (a) to execute and/or record any notices of completion, cessation of labor or any other notices that Beneficiary deems appropriate to protect Beneficiary's interest, (b) upon the issuance of a deed pursuant to the foreclosure of this Deed of Trust or the delivery of a deed in lieu of foreclosure, to execute all instruments of assignment, conveyance or further assurance with respect to the Mortgaged Property in favor of the grantee of any such deed and as may be necessary or desirable for such purpose, (c) to prepare and file or record financing statements and UCC continuation statements, and to prepare, execute and file or record applications for registration and like papers necessary to create, perfect or preserve Beneficiary's security interests and rights in or to any of the Mortgaged Property, and (d) to perform any obligation of Grantor hereunder; provided, however, that (1) Beneficiary shall not under any circumstances be obligated to perform any obligation of Grantor; (2) any reasonable sums advanced by Beneficiary in such performance shall be added to and included in the 12