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200400766 Guarantor, Michael D. Raasch, shall submit personal financial statements dated and signed certifying to the accuracy of the statement by April 1 of each year during the term of the loan. Said personal financial statements must be current (not more than 60 days old) when submitted to Lender. Upon request, Guarantor will also provide copies of his federal income tax returns to Lender. 32. DAILY INSTALLMENT ADJUSTMENTS. Borrower and Lender acknowledge that the Interest and Installments of Interest of the Note secured hereby are subject to periodic adjustment pursuant to the provisions of said Note. 33. SECONDARY FINANCING. Borrower hereby agrees that there shall be no secondary financing on the Property without the prior written consent of Lender. 34. CONSTRUCTION LOAN PROVISIONS. Borrower agrees to comply with the covenants and conditions of the Construction Loan Agreement, if any, which is hereby incorporated by reference in and made a part of this Security Instrument. All advances made by Lender pursuant to the Construction Loan Agreement shall be indebtedness of Borrower secured by this Security Instrument, and such advances may be obligatory as provided in the Construction Loan Agreement. All sums disbursed by Lender prior to completion of the improvements to protect the security of this Security Instrument up to the principal amount of the Note shall be treated as disbursements pursuant to the Construction Loan Agreement. All such sums shall bear interest from the date of disbursement at the rate stated in the Note, unless collection from Borrower of interest at such rate would be contrary to applicable law in which event such amounts shall bear interest at the highest rate which may be collected from Borrower under applicable law and shall be payable upon notice from Lender to Borrower requesting payment therefore. From time to time as Lender deems necessary to protect Lender's interests, Borrower shall, upon request of Lender, execute and deliver to Lender, in such form as Lender shall direct, assignments of any and all rights or claims which relate to the construction of the Property and which Borrower may have against any party supplying or who has supplied labor, materials or services in connection with construction of the Property. In case of breach by Borrower of the covenants and conditions of the Construction Loan Agreement, Lender, at Lender's option, with or without entry upon the Property, (i) may invoke any of the rights or remedies provided in the Construction Loan Agreement, (ii) may invoke all rights and remedies provided in this Security Instrument, including the acceleration of all sums secured by this Security Instrument, or (iii) may exercise any other right or remedy available to Lender under the Loan Documents or such remedies as may be provided at law or in equity. All such rights and remedies shall be cumulative. 35. REQUEST FOR NOTICE. Borrower and Lender hereby request that a copy of any notice of default and notice of sale made or executed by Trustee pursuant to the provisions hereof be sent to Borrower and Lender at their respective mailing addresses set forth above. 36. CROSS - DEFAULT PROVISION. In the event Borrower has entered or does in the future enter into any other loan agreement, deed of trust, mortgage or note payable to Lender, a default in the terms and provisions of the other loan agreement, note or instrument securing it shall constitute a default hereunder. Nothing in the preceding sentence shall in any way lessen or impair the rights of Lender with respect to this Security Instrument and the Note (or notes) which it secures. Lender, at its option, may separately enforce the provisions of any loan, note or deed of trust or mortgage securing it. Default under each loan, note or deed of trust or mortgage shall constitute a separate cause of action, and the institution of proceedings upon one, but not upon both or all, shall not be construed as a splitting of a cause of action by Lender or a waiver of any rights under any other loan, note, or deed of trust or mortgage. 37. PARTIAL RECONVEYANCES. Provided no default or Event of Default shall then exist under the Note, this Deed of Trust or any of the Loan Documents, Lender agrees to cause Trustee to partially reconvey this Deed of Trust as to any individual commercial pad site, subject to the following terms and conditions: (a) All requests for partial reconveyances shall be made in writing directed to Lender, TierOne Bank, 1235 "N" Street, Lincoln, NE 68508; and (b) Borrower shall deliver to Lender a copy of the duly executed "bona fide" third party arm's length purchase agreement regarding the proposed sale of said individual commercial pad site for Lender's review and approval; and (c) With respect to each individual commercial pad site requested to be reconveyed, Borrower shall pay to Lender 100% of the net proceeds of the sale. All amounts paid to Lender in 11