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<br /> 99 106537
<br /> 17. Condemnation. The proceeds of any award or payment or claim for damages, direct or consequential, in connection with any
<br /> condemnation or othei taking of the Trust Property, or any part ihereof, either temporarily or pe�manently, or for conveyance in lieu of or in
<br /> anticipation of condemnation, are he�eby assigned to and sha//be paid to Beneficiary. Trusior wi//fi/e and p�osecute, in good faith and wiih
<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 irrevocab/y authorizes and empowers Beneficiary, in the name of Trustor or otherwise, to fi/e,prosecute, settle or compromise
<br /> any such c/aim and to co/lect, receive for and retain the proceeds. /f the Trust Property is abandoned by Trustor, or, after notice by
<br /> Beneficiary to Trustor that the condemnor offers to make an award or settle a claim for damages, Trustor fails to respond to Beneficiary
<br /> within thirty(30) days after the date such notice is mailed, Beneficiary is authorized to collect and apply the proceeds in the manner indicated
<br /> herein. The proceeds of any award or claim may, after deducting all reasonable costs and expenses, including attorneys'fees, which may .
<br /> have been incurred by Beneficiary in the collection thereof, at the sole disc�etion 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 Trusior otherwise ag�ee 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 insiallments called
<br /> for the�eunder or change the amount of any such installments.
<br /> 12. Environmenta/Representations and Wananties;/ndemnification;/nspection and Testing. Trusto�represents and wanants that, except �
<br /> as disclosed in writing to Beneficiary and except where Trusior has obtained the requisite local, state, and/or fede�al permits and approvals,
<br /> Trusto�does not and will noi generate nor have in its possession any hazardous or toxic wastes, chemicals or other subsiances, the
<br /> generation or possession of which are governed by local, state and/or environmenta!laws, ordinances, decrees, regulations and statutes
<br /> (he�einafter "Environmental Wastes"l. Tiustor further�epresents and wanants thai ii is not present/y the subject of any environmental
<br /> inquiry, litigation, administrative proceeding or threat thereof by a governmental authority, and ihat Trustor shall promptly notify Beneficiary
<br /> of same if any of the foregoing does occur. Trustor also represents and warrants to Beneficiary ihat it is not subject to any judgment, decree,
<br /> order or citation relating to or arising oui of a violation of local, state o�federal environmental laws or regulations. Trustor shall also provide
<br /> Beneficia�y when applicable with copies of all appropriate environmental permits and approvals.
<br /> Trustor warrants and represents that there are not now, nor to the Trustor's knowledge after reasonable investigation have ihere ever been
<br /> Environmenta/ Wastes stored, deposited, treated, recyc/ed or disposed of on, under, or at the Trust Pioperty (inc/uding tanks or other
<br /> facilities thereon coniaining such materialsJ, which materials or contained materials, if known to be present on the prope�ty or present in soils
<br /> or g�ound water, would require clean up, removal, or other remedial action unde�environmental laws.
<br /> Trustor will 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 out 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 se�vices of an environmental consu/ting and/or testing company to inspect the Trust Properiy with the
<br /> costs thereof to be charged to Trustor. Trustor shall not rely on such inspection nor shall Tiustor be relieved thereby of conducting its own
<br /> environmental audit or taking such other steps as are necessa�y to comply with envi�onmental laws and regulations.
<br /> 13. Trusior 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 Tiusior shall noi operate to release, in any manner, the liability of Trustor and Trustor's successo�s in interesi.
<br /> Beneficiary shall not be required to commence proceedings 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 Trustor and Trustor's successors in interest.
<br /> 14. Additiona/Covenants. ln addition to any other covenants of T�usto�made in any other agreement, instrument or document, Trustor
<br /> shall comply wiih the covenants set forth in any Rider attached and made a part of this Deed of Trust.
<br /> 15. Schedu/e of Leases. Within ten /f0) days after demand, Trustor shall furnish to Beneficiary a schedule, certified to by T�ustor, setting
<br /> forth a//leases of the Trust Prope�ty, or any portion thereof, inc/uding in each case, the name of the tenants or occupants, a description of
<br /> the space occupied by such tenant or occupant, the renta/payab/e for such space, and such other information and documents with respect
<br /> to such leases and tenancies as Beneficiary may ieasonably�equest.
<br /> 16. Covenants of Tiustor with Respect to Leases. Without the prior written consent of Beneficiary, Tiustor shall not, directly or indirectly,
<br /> with�espect to any lease of space in the T�ust Property, or any portion thereof, whether such/ease is now or hereafter in existence:
<br /> (a/Accept o�permit any prepayment, discount or advance payment of rent hereunder in excess of one month,
<br /> (b)Cance/or terminate ihe same, or accept any cance//ation, termination or surrender thereof, or permit any event to occur which wou/d
<br /> occur thereunder to terminate or cancel the same, other than termination for nonpayment of rent,
<br /> (c)Amend o�modify the same so as to reduce the term thereof, the renial payable thereunder, or to change any renewal provisions
<br /> the�ein contained,
<br /> (dl Waive any defaulr thereunde�or breach thereof,
<br /> leJ Give any consent, waiver or approval thereunder or take any other action in connection the�ewith, or with a lessee the�eunder, which
<br /> would have the effect of impairing the value of the lessor's interest ihereunder or ihe property subject thereto, or of impairing the
<br /> position of inte�est of Beneficiary iherein, or
<br /> (fJ Sel% assign,pledge, mortgage or otherwise dispose of, or encumber its inte�est in any said lease or any rents, issues,profits issuing
<br /> or arising thereunder.
<br /> 17. Waive�of Statute of Limifations. Time is of ihe essence in all of Tiusto�'s obligations and duties hereunde�;and to the extent permitted
<br /> by law, Trusto�waives all present or future statutes of limitation with respeci to any debt, demand o�obligation secured hereby and any
<br /> action o�p�oceeding for the purpose of enforcing this Deed of Trust or any rights or remedies contained herein.
<br /> 18. Assignment of Deposiis. /n the event construction of improvements is contemp/ated by the Ob/igations secured hereby, as additiona/
<br /> security therefor, Trustor hereby transfers and assigns to Beneficiary, a!l�ight, title and interest to any and all monies deposited by or on
<br /> behalf of Trustor with any city, county,public body or agency, sanitary district, utility company, and any other body or agency, for the
<br /> installation or to secu�e the installation of any utility by Trustor,pertaining to the Trust Property.
<br /> 19. Organizationa/ Existence. /f Trustor is an organization organized under the/aws of a state, it wi//do a//things necessa�y to preserve its
<br /> existence and all�ights and privileges under the laws of ihe state of its organization.
<br /> 20. Forbeaiance by Beneficiary Not a Waiver.Any delay by Beneficiary in exercising any right or remedy hereunde�, or oiherwise affo�ded
<br /> by applicable law or equity, shall noi be a waiver of or preclude the exercise of such right or remedy or of any othe�right or remedy granted
<br /> he�eunder or at law or equity. The failure of the Beneficiary to exercise any option to accelerate maturity of the Obligations secured by this
<br /> Deed of Trust, the forbearance by the Beneficiary before or afte�the exercise of such option, o�the withdrawal or abandonment of
<br /> proceedings provided fo�by this Deed of Trust sha//nor be a waiver of the right to exercise such option or to accelerate the maturity of such
<br /> Obligations by�eason of any past,present o�future event which would permit acceleration unde�the Section entitled "Acceleration of Debt;
<br /> Fo�eclosure"herein. The procurement of insurance, the payment of raxes or the discharge of liens or cha�ges by Beneficia�y shall not be a
<br /> waiver of Beneficiary's right to accelerate the maturity of the Obligations hereby secured. The Beneficiary's receipt of any awards,proceeds
<br /> or damages under the Section eniitled "Hazard lnsu�ance"and the Section entitled "Condemnation"herein shall noi operate to cure or waive
<br /> default by the Trustor under the Section entitled "Events of Default"herein.
<br /> 21. Remedies Cumu/ative. A//�emedies provided in this Deed of Trust are distinct and cumu/ative to any other right or remedy under this
<br /> Deed of T�ust or afforded by law or equity, and may be exercised concurrently, independently or successively, and as often as the occasion
<br /> therefor arises.
<br /> 22. Successors and Assigns Bound;Numbei; Gender,Joint and Severa/Liabi/ity; Captions. The covenants and agreements herein contained
<br /> shall bind, and the righis hereunder shall inure to, the respective heirs, legal representatives, successors and assigns of Beneficiary, Trustee,
<br /> and Trusto�. Wherever used, the singular number shall include the plural, the plural the singula�, and the use of any gender shall be applicable
<br /> to all genders. All covenants and agreements of Trustor shall be joint and several,•provided, however, that if the T�ustor is an individual,
<br /> nothing contained in this Deed of Trust sha//in any way ob/igate a spouse of the Trustor to pay the Ob/igations un/ess such spouse a/so signs
<br /> the Note or the Guaranty. The captions and headings of the Sections of this Deed of Trust are for convenience only and a�e not to be used to
<br /> inte�p�ei or define the provisions hereof.
<br /> 23. Notice. Except fo�any notice requi�ed under app/icab/e/aw to be given in another manner, (aJ any notice to Trusto�provided for in this
<br /> Deed of T�ust shall be given by mailing such notice by certified mail, return�eceipt requested addressed to Trusto�at its mailing address set
<br /> forth above o�at such othe�address as Trustor may designate by notice to Beneficiary as provided herein, and(6J any notice to Beneficiary
<br /> or Trustee shall be given by certified mail, return receipt requesied, to Beneficiary's and Trustee's mailing address siated herein or to such
<br /> other address as Beneficiary o�Trustee may designate by notice to Trustor as provided herein. Any notice provided for in this Deed of Trust
<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 Trust sha//be governed by the/aws of the State of Nebraska. /n the event any provision or
<br /> clause of this Deed of Trust conflicts with applicable law, such conflict shall not affect other provisions of this Deed of Trust which can be
<br /> given effeci without the conflicting provisions and to this end the provisions of this Deed of Trust are declared to be severable. ln the event
<br /> ihat any applicable law in effect on the date of the execution of ihis 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 Guaranty
<br /> (whether considered separately or togeiher with other payments that are considered a pari of this Deed of Trust and this transactionl
<br /> violates such law, such payment is hereby�educed to the extent necessary to eliminate such violation if the Trustor is entitled to the benefit
<br /> of such law.
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