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2023011 39 entitled to exercise all rights of Bank and Fixed Rate Provider hereunder and all rights of Bank under the Loan, Loan Agreement or Note. Upon and after written notice from Fixed Rate Provider to Borrower/Grantor that Fixed Rate Provider is entitled to act with respect to the Loan, Loan Agreement or Note and the property pledged hereunder, (i) Fixed Rate Provider will be entitled to exercise all rights of Bank and Fixed Rate Provider hereunder and all rights of Bank under the Loan, Loan Agreement or Note and (ii) Borrower/Grantor will comply with instructions, notices and other communications solely from Fixed Rate Provider with respect to rights of Bank and Fixed Rate Provider hereunder and rights of Bank under the Loan, Loan Agreement or Note. The relative rights and priorities as between Fixed Rate Provider and Bank with respect to the rights referred to in this paragraph will be governed by the Master Servicing Agreement. As additional security for Borrower's/Grantor's obligations to Bank secured hereunder, Borrower/Grantor pledges to Bank and grants Bank a first priority lien and security interest in any Early Unwind Amount (as defined in the Rate Conversion Agreement) owed to Borrower/Grantor under the Rate Conversion Agreement. In the event of a default by Borrower/Grantor under the Loan, Loan Agreement or Note Borrower/Grantor assign to Bank payment of any such Early Unwind Amount. Upon written notice from Bank to Fixed Rate Provider that a default has occurred under the Loan, Loan Agreement or Note, Borrower/Grantor assigns to Bank payment of such Early Unwind Amount. Upon written notice from Bank to Fixed Rate Provider that a default has occurred under the Loan, Loan Agreement or Note, Fixed Rate Provider will be authorized to pay such Early Unwind Amount to Bank without liability to Borrower/Grantor. Any dispute on Borrower's/Grantor's part regarding the appropriateness of Bank's notice of default or Fixed Rate Provider's payment of the Early Unwind Amount to Bank will be addressed by Borrower/Grantor to Bank, and Borrower/Grantor will not seek legal or other recourse or remedy from or with respect to Fixed Rate Provider. 22. APPLICABLE LAW. This Security Instrument is governed by the laws of Nebraska, the United States of America, and to the extent required, by the laws of the jurisdiction where the Property is located, except to the extent such state laws are preempted by federal law. 23. JOINT AND SEVERAL LIABILITY AND SUCCESSORS. Each Grantor's obligations under this Security Instrument are independent of the obligations of any other Grantor. Lender may sue each Grantor severally or together with any other Grantor. Lender may release any part of the Property and Grantor will still be obligated under this Security Instrument for the remaining Property. Grantor agrees that Lender and any party to this Security Instrument may extend, modify or make any change in the terms of this Security Instrument or any evidence of debt without Grantor's consent. Such a change will not release Grantor from the terms of this Security Instrument. The duties and benefits of this Security Instrument will bind and benefit the successors and assigns of Lender and Grantor. 24. AMENDMENT, INTEGRATION AND SEVERABILITY. This Security Instrument may not be amended or modified by oral agreement. No amendment or modification of this Security Instrument is effective unless made in writing. This Security Instrument and any other documents relating to the Secured Debts are the complete and final expression of the agreement. If any provision of this Security Instrument is unenforceable, then the unenforceable provision will be severed and the remaining provisions will still be enforceable. 25. INTERPRETATION. Whenever used, the singular includes the plural and the plural includes the singular. The section headings are for convenience only and are not to be used to interpret or define the terms of this Security Instrument. 26. NOTICE, ADDITIONAL DOCUMENTS AND RECORDING FEES. Unless otherwise required by law, any notice will be given by delivering it or mailing it by first class mail to the appropriate party's address listed in the DATE AND PARTIES section, or to any other address designated in writing. Notice to one Grantor will be deemed to be notice to all Grantors. Grantor will inform Lender in writing of any change in Grantor's name, address or other application information. Grantor will provide Lender any other, correct and complete information Lender requests to effectively mortgage or convey the Property. Grantor agrees to pay all expenses, charges and taxes in connection with the preparation and recording of this Security Instrument. Grantor agrees to sign, deliver, and file any additional documents or certifications that Lender may consider necessary to perfect, continue, and preserve Grantor's obligations under this Security Instrument and to confirm Lender's lien status on any Property, and Grantor agrees to pay all expenses, charges and taxes in connection with the preparation and recording thereof. Time is of the essence. ALVIN D KOWALSKI III Nebraska Deed Of Trust N E /4 bo p e l a@ F0000000000297 3024 N 111111011111101111011111010111111110111110111110111111111311111111,111118111111111111111111 Wolters Kluwer Financial Services, Inc.°1996, 2023 Page 7 Bankers Systems"' 11