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2O2500752 (k) As a consequence of any breach of any representation, warranty, or promise made in this section, (i) Borrower will indemnify and hold Lender and Lender's successors or assigns harmless from and against all losses, claims, demands, liabilities, damages, cleanup, response, and remediation costs, penalties, and expenses, including without limitation all costs of litigation and attorneys' fees which Lender and Lender's successors or assigns may sustain; and (ii) at Lender's discretion, Lender may release this Deed of Trust and in return Borrower will provide Lender with collateral of at least equal value to the premises secured by this Deed of Trust without prejudice to any of Lender's rights under this Deed of Trust. (1) Notwithstanding any of the language contained in this Deed of Trust to the contrary, the terms of this section shall survive any foreclosure or satisfaction of this Deed of Trust regardless of any passage of title to Lender or any disposition by Lender of any or all of the premises. Any claims and defenses to the contrary are hereby waived. 10. GOVERNING LAW. This security instrument and the obligations which it secures shall be governed by Nebraska Law. 11. ASSIGNMENT. As additional security, Borrower irrevocably assigns, grants and conveys to Lender (subject to the terms of the NAHTF program) all the right, title, and interest in the following: (a) existing or future leases, subleases, licenses, guaranties and any other written or verbal agreements for the use and occupancy of the subject property, including, but not limited to, any extensions, renewals, modifications, or replacements, and (b) rents, issues and profits, royalties, revenues, proceeds, accounts, contract rights, general intangibles, and all other rights and claims which Borrower may have that in anyway pertain to or are on account of the use or occupancy of the whole or any part of the subject property. In the event any such items assigned by Borrower to Lender in this section are determined to be personal property, this assignment shall also be regarded as and shall constitute a security agreement. 12. DEFAULT. Borrower will be in default if any one or more of the following occur: (a) Borrower defaults under the terms of the 2023 NAHTF program and becomes disqualified, ineligible, uncompliant, or otherwise unable to perform its obligations under the terms of the 2023 NAHTF program for any reason; (b) a breach of any term or covenant in this Deed of Trust or in any other document evidencing, guaranteeing, securing, or otherwise relating to the indebtedness secured by this Deed of Trust; Page 6 of 8