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<br /> 11. Condemnation. The proceeds of any award or payment or claim for damages, di�ect or consequential, in connection with any
<br /> condemnation or other taking of the Trust Property, or any part thereof, eithe�temporarily o�permanently, or for conveyance in lieu of or in
<br /> anticipation of condemnation, are he�eby assigned to and shall be paid to Beneficia�y. Trustor will file and prosecute, in good faith and with
<br /> due diligence, its claim for any such award or payment, and will cause the same to be collected and paid to Beneficiary, and should it fail to
<br /> do so, Trustor irrevocably authorizes and empowers Beneficiary,in the name of Trustor or otherwise, to file,prosecute, settle o�compromise
<br /> any such claim and to collect, receive for and retain the proceeds. lf the Trust Propeity is abandoned by Trustor, oi after notice by
<br /> Beneficiary to T�ustor that the condemnor offers to make an award or settle a claim for damages, Trustor fails to respond to Beneficiary
<br /> within thirry(30l days after the date such notice is mailed, Beneficiary is authorized io col%ct and apply the proceeds in the manner indicated
<br /> herein. The proceeds of any award o�claim may, afier deducting all reasonable costs and expenses, including attorneys'fees, which may
<br /> have been incurred by Beneficiary in the colleciion the�eof, at the sole discretion of Beneficiary, be released to Trustor, applied to restoration
<br /> of the Trust Property, or applied to the payment of the Obligations. Unless Beneficiary and Trustor otherwise agree in writing, any such
<br /> application of proceeds to the Note or Guaranty, as applicable, shall not extend or postpone the due date of any regular installments called
<br /> fo�thereunder or change the amount of any such installmenis.
<br /> 12. Environmenta/Representations and Warranties;/ndemnification;/nspection and Testing. Trustor�ep�esents and warrants that, except
<br /> as disclosed in writing to Beneficiary and except whe�e Trustor has obtained the�equisite local, state, and/or federal permits and approvals,
<br /> Trustor does not and will not gene�ate no�have in its possession any haza�dous o�toxic wastes, chemicals or other substances, the
<br /> generation or possession of which are governed by local, state and/or environmental laws, ordinances, decrees, regulations and statutes
<br /> /hereinafte� "Environmental Wastes"). Trustor further represents and warrants that it is not presently the subject of any environmental
<br /> inqui�y, lirigation, administ�ative proceeding or threat thereof by a governmental authority, and that Tiustor shall promptly notify Beneficiary
<br /> of same if any of the fo�egoing does occur. Trustor also represents and wa�rants to Beneficiary that it is not subject to any judgment, decree,
<br /> order or citation�elating to or a�ising out of a violation of local, state or federal environmental laws o��egulations. Tiustor shall also provide
<br /> Beneficia�y when applicable with copies of all app�opriate envi�onmental permits and approvals.
<br /> Trustor warrants and rep�esenis that ihere are not now, nor to the Trustor's knowledge after reasonable investigation have there ever been
<br /> Environmenta/ Wastes stored, deposited, treated, �ecyc/ed or disposed of on, under, o�at the Trust P�ope�ty (inc/uding tanks or other
<br /> facilities the�eon containing such materialsl, which mate�ials o�contained materials, if known to be present on ihe property or present in soils
<br /> or ground wate� would require clean up, removal, or other remedial action under environmental laws.
<br /> Trustor wil!indemnify and hold harmless Beneficiary, its successors, assigns, employees, agents,parent, affiliates and subsidiaries, and each
<br /> of them, from any and all claims, suits, damages, liabilities and expenses arising oui of or in connection with any alleged or actual pollution
<br /> or contamination of the ground, water or air of, on or near the Trust Property.
<br /> Beneficiary may at any time hire the services of an environmental consulting and/or testing company to inspect the Tiust Property with the
<br /> costs thereof to be charged to Trustor. Trustor shall not rely on such inspection no�shall T�ustor be relieved thereby of conducting its own
<br /> environmental audit or taking such other steps as are necessary to comply with environmental laws and regulations.
<br /> 13. Trustor Not Re%ased. Extension of the time for payment or modification of any amortization of the Obligations granted by Beneficiary to
<br /> any successor in interest of T�ustor shall not operate to release, in any manner, the liability of Tiustor and Trustor's successors in interest.
<br /> Beneficia�y shall not be required to commence p�oceedings against such successor or refuse to extend time for payment or otherwise modify
<br /> amortization of the Obligations by reason of any demand made by Trusto�and T�ustor's successo�s in interest.
<br /> 14. Additiona/Covenants. ln addition to any other covenants of Trusto�made in any other agreement, instrument or document, Trustor
<br /> shall comply with the covenants set forth in any Rider attached and made a pa�t of this Deed of Trust.
<br /> 15. Schedu/e of Leases. Within ten (101 days afrer demand, Tiustor shall furnish to Beneficiary a schedule, certified to by Trustor, setting
<br /> forth all leases of the Trust Property, or any po�tion thereof, including in each case, the name of the tenants or occupants, a description of
<br /> the space occupied by such tenant or occupant, the rental payable for such space, and such other information and documents with respect
<br /> to such leases and tenancies as Beneficiaiy may reasonably�equest.
<br /> 16. Covenants of Tiusior with Respect to Leases. Without the p�io�written consent of Beneficiary, Trusto�shall not, directly or indirectly,
<br /> with respect to any lease of space in ihe Trust Property, or any portion thereof, whether such lease is now or hereafter in existence:
<br /> i (al Accept or permit any prepayment, discount or advance payment of rent hereunder in excess of one month,
<br /> (b1 Cancel or terminate the same, or accept any cancellation, termination or surrende�the�eof, or permit any event to occu�which would
<br /> occur the�eunder to terminate or cancel the same, other than termination for nonpayment of rent,
<br /> (cJ Amend or modify the same so as to reduce the term the�eof, the rental payable thereunder, o�to change any renewal provisions
<br /> therein contained,
<br /> (d/ Waive any default thereunder or breach thereof,
<br /> (eJ Give any consent, waiver or approva/thereunder o�take any other action in connection therewith, or with a/essee thereunder, which
<br /> wou/d have the effect of impairing the va/ue of the/essor's inte�est thereunder or the property subject thereto, or of impairing ihe
<br /> position of interest of Beneficiary therein, or
<br /> (fJ Sel% assign,pledge, mortgage or otherwise dispose of, or encumber its interest in any said lease o�any rents, issues,profits issuing
<br /> or arising the�eunder.
<br /> 17. Waive�of Statute of Limitations. Time is of the essence in all of T�usior's obligations and duties hereunder, and to the extent permitted
<br /> by law, Tiusto�waives al!p�esent or future statutes of limitation with respect to any debt, demand or obligation secured hereby and any
<br /> action or proceeding for the pu�pose of enforcing this Deed of T�ust or any rights or remedies contained herein.
<br /> 18. Assignment of Deposits. /n the event construciion of improvements is contemp/ated by the Ob/igations secured he�eby, as additiona/
<br /> security therefor, Trustor hereby transfers and assigns to Beneficiary, all right, title and inte�est to any and all monies deposited by or on
<br /> beha/f of Trusto�with any city, county,pub/ic body or agency, sanita�y dist�ict, uti/ity company, and any othei body or agency, fo�the
<br /> installation or to secure the installation of any utility by Trusto�pertaining to the T�ust Property.
<br /> 19. Organizationa/ Existence. lf Trusto�is an organization organized under the laws of a state, it will do all things necessary to preserve its
<br /> existence and all rights and privileges under the laws of the state of its organization.
<br /> 20. Forbearance by Beneficiary Not a Waivei. Any delay by Beneficia�y in exercising any�ight oi remedy hereunder, or otherwise afforded
<br /> by applicable law or equity, shall not be a waiver of or preclude the exercise of such right or remedy o�of any other right o�remedy granted
<br /> hereunder or at law or equity. The failure of the Beneficiary to exercise any option to accelerate maturity of the Obligations secuied by this
<br /> Deed of Tiust, the fo�bearance by the Beneficiary before or after the exercise of such option, o�the withdrawal or abandonment of
<br /> proceedings provided for by this Deed of Trust shall not be a waiver of the right to exercise such option or to acce%�ate the maturity of such
<br /> Obligations by reason of any past,present or future event which would permit acceleration under the Section entrtled 'Accele�ation of Debt;
<br /> Foreclosure"herein. The p�ocurement of insurance, the payment of taxes or the discharge of liens or charges by Beneficiary shall not be a
<br /> waiver of Beneficia�y's right to acce%rate the maturity of the Obligations hereby secured. The Beneficia�y's receipt of any awards,proceeds
<br /> o�damages under the Section entitled "Hazard lnsurance"and the Section entitled "Condemnation"herein shall not operate to cure or waive
<br /> default by the Trustor under the Section entitled "Events of Defau/t"herein.
<br /> 27. Remedies Cumu/ative. All remedies p�ovided in this Deed of Trust are disiinct and cumulative to any other right or remedy under this
<br /> Deed of Trust or afforded by law or equity, and may be exe�cised concurrenily, independently or successively, and as often as the occasion
<br /> therefo�arises.
<br /> 22. Successors and Assigns Bound,•Number, Gender,Joint and Severa/Liabi/ity;Captions. The covenants and agreements herein contained
<br /> shall bind, and the rights hereunder shall inure to, the respective heirs, legal representatives, successors and assigns of Beneficiary, Trusiee,
<br /> and Trustor. Wherever used, the singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable
<br /> to all gende�s. All covenants and agreements of Trustor shall be joini and several,•p�ovided, however, that if the Trustor is an individual,
<br /> nothing contained in this Deed of T�ust shall in any way obligate a spouse of the Tiustor to pay ihe Obligations unless such spouse also signs
<br /> the Note or the Guaranty. The captions and headings of the Sections of this Deed of Trust are fo�convenience only and are not to be used to
<br /> interp�et or define the provisions hereof.
<br /> 23. Notice. Except for any notice required under applicable law to be given in another manner, (al any notice to Trustor provided for in this
<br /> Deed of Trust shall be given by mailing such notice by certified mail, return receipt requested addressed to Tiustor at its mailing address set
<br /> forth above or at such oeher address as Trustor may designate by notice to Beneficiary as provided herein, and(61 any notice to Beneficiary
<br /> or Trusiee shall be given by certified mail, retu�n receipt requested, to Beneficiary's and Tiustee's mailing address stated herein or to such
<br /> other add�ess as Beneficiary or Tiusiee may designate by notice to Tiustor as provided he�ein. Any notice provided for in this Deed of T�ust
<br /> shall be deemed to have been given to Trustor, Beneficiary or Trustee when given in the manner designated herein.
<br /> 24. Governing Law;Severabi/ity. This Deed of Trusr sha//be governed by the/aws of the State of Nebraska. /n the event any p�ovision or
<br /> c/ause of this Deed of Trust conf/icts with app/icab/e/aw, such conf/ict sha//not affect other provisions of this Deed of Trust which can be
<br /> given effect without the conflicting provisions and to this end the provisions of this Deed of Trust are declared to be severable. ln the event
<br /> that any applicable law in effect on the date of the execution of this Deed of Trust limits the amount of interest or other items which may be
<br /> /awfu//y charged and is interpreted in a manne�such that any payment provided for in this Deed of Trust or in the Note or the Gua�anty
<br /> (whether considered separately or together with other payments that are considered a part of this Deed of Trust and this transactionJ
<br /> violates such law, such payment is hereby reduced to the extent necessary to eliminate such violation if the Trustor is entit/ed to the benefit
<br /> of such law.
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