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202305755 DCN: 963416659784EAF9F30013373E3843F2C any part thereof; it being the intention of the parties hereto to preserve this lien on the Property, and all improvements thereon and that may be hereafter constructed thereon, as first and superior to any liens that may be placed thereon, or that may be fixed, given or imposed by law thereon, after the execution of this instrument, notwithstanding any such extension of the time of payment or the release of a portion of Property from this lien. 15. Application of Payments. In the event any portion of the indebtedness herein above described cannot be lawfully secured by this Deed of Trust lien on the Property, it is agreed that the first payments made on said indebtedness shall be applied to the discharge of that portion of said indebtedness. 16. Condemnation. Beneficiary shall be entitled to receive any and all sums which may become payable to Trustors for the condemnation of the Property, or any part thereof, for public or quasi -public use, or by virtue of private sale in lieu thereof, and any sums which may be awarded or become payable to Trustors for damages caused by public works or construction on or near the Property. All such sums are hereby assigned to Beneficiary, who may, after deduction therefrom all expenses actually incurred, including attorney's fees, release same to Trustors or apply same to the reductions of the indebtedness hereby secured, whether then matured or to mature in the future, or to the reduction of any money obligation hereunder, as and in such manner as Beneficiary may elect. Beneficiary shall not be, in any event or circumstance, liable or responsible for failure to collect, or exercise diligence in the collection of, any such sums. 17. Controlling Agreement. Nothing herein, or in said Note, contained shall ever entitle Beneficiary, upon the arising of any contingency whatsoever, to receive or collect interest in excess of the highest rate allowed by the laws of the State of Nebraska and/or the United States on the principal indebtedness hereby secured or on any money obligation hereunder, and in no event shall the Debtors or Trustors be obligated to pay interest thereon in excess of such rate. 18. References. If this Deed of Trust is executed by only one person or by a corporation, the plural reference to Trustors shall be held to include the singular, and all of the covenants and agreements herein undertaken to be performed by, and the rights conferred upon, the respective Trustors named herein, shall be binding upon and inure to the benefit of not only said parties respectively but also their respective heirs, executors, administrators, personal representatives, grantees, successors and assigns. 19. Fixtures. It is understood and agreed that by this instrument Trustors, in addition to fixing and creating a Deed of Trust lien upon and against the Property, inclusive of all goods which are or are to become fixtures thereon, have also created and granted to the Beneficiary pursuant to the Uniform Commercial Code of Nebraska a security interest in said goods. This Deed of Trust constitutes a fixture filing under sections 9-501(a)(1) and 9- 502(c) of the Uniform Commercial Code and for this purpose, the following information is set forth: (a) the Trustors are the debtor and their address is shown on page 1 hereof; (b) the Beneficiary is the secured party and its address is shown on page 1 hereof; (c) this document covers goods which are or are to become fixtures on the real property described herein; (d) the Trustor (debtor) is the record owner of the real property described herein; and (e) this fixture filing covers proceeds and products of the fixtures. 20. Sale or Transfer. Upon sale or transfer of all or any part of the Property, or any interest therein, or of any beneficial interest in any Trustors (if said Trustors is not a natural person or persons but is a corporation, partnership, trust or other legal entity), Beneficiary may, at its option, declare all of the sums secured by this instrument to be immediately due and payable, and Beneficiary may invoke any remedies provided in this instrument. 21. Limitation on Interest. The parties hereto stipulate that, in the event any applicable law limiting the amount of interest or other charges permitted to be collected is interpreted so that any charge provided for in this Deed of Trust or in the Note, whether considered separately or together with other charges that are considered a part of this Deed of Trust and Note transaction, or any charge provided in other indebtedness secured hereby, violates such law by reason of the acceleration of the indebtedness secured hereby, or for any other reason, such charge is hereby reduced to the extent necessary to eliminate such violation. Any amounts of such interest or other charges previously paid to Beneficiary in excess of the amounts permitted by applicable law shall be applied by Beneficiary to reduce the principal of the indebtedness evidenced by the Note, or, at Beneficiary's option, be refunded. To the extent permitted by applicable law, determination of the legal maximum amount of interest shall at all times be made by amortizing, prorating, allocating and spreading, in equal parts during the period of the full stated term of the pertinent loan and indebtedness, all interest at any time contracted for, charged or received from the maker of the Note in connection with the loan and indebtedness secured hereby, so that the actual rate of interest on account of such indebtedness is uniform throughout the term thereof. 22. Environmental Matters. A) Defined Terms. All capitalized terms used in this instrument shall have the meanings defined in the Sections where they are first used, or if not therein defined, the following meanings (such meanings to be equally applicable to both the singular and the plural forms of the terms defined): (1) "Contaminants" means hazardous substances, toxic, substances, hazardous wastes, special wastes, petroleum or any other substance regulated under any applicable federal, state or local environmental law; and (2) "Environmental Agency" means the U.S. Environmental Protection Agency, a state or local attorney general or any other federal, state or local governmental agency that regulates or controls the generation, treatment, storage, transportation, release or disposal of Contaminants or the remediation of problems pertaining to Contaminants. Form DEEDPD-NE i�imm��m�� l IJOV�m Page 4 or 6 0 Copyright 02/2023 American Bank Systems, Inc.