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<br /> 11. Condemnation. The proceeds of any award o�payment or claim foi damages, direct or consequential, rn connection with any
<br /> condemnation or other taking of the Tiust P�ope�ty, or any part thereof, either temporarily or pe�manently, or for conveyance in lieu of or in
<br /> anticipation of condemnation, are he�eby assigned to and shall be paid to Beneficiary. Trustor will file and prosecute, in good faith and with
<br /> due diligence, its claim for any such award or paymeni, and will cause ihe same to be collected and paid to Beneficiary, and should it fail to
<br /> do so, T�ustor ir�evocably authorizes and empowers Beneficiary, in the name of T�ustor or otherwise, to file,prosecute, settle or compromise
<br /> any such claim and to collect, receive for and retain ihe proceeds. lf the Trust Property is abandoned by Trustor, or, after notice by
<br /> Beneficiary to Trustor rhat the condemnor offers to make an award or sett/e a c/aim for damages, Trusior fai/s to respond to Beneficiary
<br /> within thirty f301 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 cosis and expenses, including attorneys'fees, which may
<br /> have been incuned by Beneficiary in the collection thereof, at the sole disc�etion of Beneficia�y, be released to Trustor, applied to restoration
<br /> of the Trust Property, or applied to ihe 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 /> for thereunder or change the amount of any such installments.
<br /> 12. Environmenta/Representations and Wananties;/ndemnification;/nspection and Testing. Trustor represents and warrants that, except
<br /> as disclosed in writing to Beneficiary and except where Trustor has obiained ihe requisite local, state, and/or federal permits and approvals,
<br /> Trustor does not and will noi generate nor have in its possession any hazardous o�toxic wasies, 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 /> /he�einafter "Envi�onmental Wastes"). Trustor fu�ther represents and wanants that it is noi presently the subject of any environmental
<br /> inquiry, litigation, administ�ative proceeding o�th�eat thereof by a governmental authority, and that T�usior shall promptly notify Beneficiary
<br /> of same if any of the foregoing does occur. Trustor also�epresents and warrants to Beneficiary that it is not subject to any judgment, decree,
<br /> order or citation relating to or arising out of a violation of local, state or federal environmental laws o�regulations. Trustor shall also provide
<br /> Beneficiary when applicable with copies of all appropriate environmental permits and approvals.
<br /> Trustor war�ants and represenis that there are not now, nor to the Trustor's knowledge after reasonable investigation have the�e eve�been
<br /> Environmental Wastes stored, deposited, treated, recycled or disposed of on, under, o�at ihe Trust P�operty (including tanks or oiher
<br /> faciliries ihereon containing such materialsl, which materials or contained materials, if known to be present on the property or present in soils
<br /> or ground water, would require clean up, removal, or other remedial action under environmental laws. �
<br /> Trusto�will indemnify and hold harmless Beneficiary, iis successors, assigns, employees, agents,parent, affiliates and subsidiaries, and each
<br /> of them, from any and all claims, suits, damages, liabilities and expenses a�ising out of or in connection with any alleged or actual pollution
<br /> o�contamination of the ground, water or air of, on or near the Tiust Property.
<br /> Beneficiary may at any time hire the services of an environmenial consulting and/or testing company to inspect the Trust Property with the
<br /> costs rhereof to be charged to Trusior. Trustor sha//not re/y on such inspection no�sha/!Trusior be�e/ieved 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. Tiustor Not Re%ased. Exiension of the time for payment o�modification of any amoriization of ihe Obligations granted by Beneficiary to
<br /> any successor in interest of Trustor shall not operate to release, in any manner, the liability of Trusior and Trustor's successors in interest.
<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 Trusior made in any othe�agreement, instrument or documeni, Trusior
<br /> shall comply with the covenants sei forth in any Rider attached and made a part of this Deed of T�usi.
<br /> 15. Schedu/e of Leases. Within ten (f0/days afie�demand, Trustor sha//furnish to Beneficiary a schedu/e, ce�tified to by Trustor, setting
<br /> forth a///eases of the Trust Property, or any portion thereof, inc/uding in each case, ihe name of the tenants or occupants, a description of
<br /> the space occupied by such tenant oi occupant, the rental payable for such space, and such other infoimation and documents with respect
<br /> to such/eases and tenancies as Beneficiary may reasonably request.
<br /> 16. Covenants of Trustor with Respect to Leases. Withoui the prior written consent of Beneficiary, Trustor shall not, directly or indirectly,
<br /> with�espect to any lease of space in the Trust Prope�ty, or any po�tion thereof, whether such lease is now or hereafter in existence:
<br /> (al Accept or permit any p�epaymeni, discount o�advance payment of rent hereunder in ezcess of one month,
<br /> lbJ Cancel or terminate the same, or accept any cancellation, termination or surrender thereof, or permit any event to occur which would
<br /> occur the�eunder to terminate or cancel the same, other than te�mination for nonpayment of rent,
<br /> (cl Amend or modify the same so as to reduce the term thereof, the renial payable the�eunder, or to change any renewal provisions
<br /> therein contained,
<br /> (dJ Waive any defauli thereunder or breach thereof,
<br /> (el Give any consent, waive�or app�oval thereunder or take any other action in connection the�ewith, or with a lessee thereunder, which
<br /> would have the effect of impairing the value of the/essor's interest thereunder or the properiy subject thereto, or of impai�ing the
<br /> position of inierest of Beneficiary therein, or
<br /> (fl Se/% assign,pledge, mortgage or otherwise dispose of, or encumber its interest in any said lease or any ients, issues,profits issuing
<br /> or arising thereunder.
<br /> 17. Waiver of Statute of Limitations. Time is of the essence in all of Trustor's obligations and duties hereunder, and to the exteni permitted
<br /> by law, Trustor waives all present or future siatutes of limitation with respect to any debt, demand or obligation secured hereby and any
<br /> action or proceeding for the purpose of enforcing this Deed of Tiust oi any rights or remedies contained herein.
<br /> 18. Assignment of Deposits. ln rhe eveni construction of improvements is contemplated by ihe Obligations secured hereby, as additional
<br /> security therefor, Trustor hereby transfe�s and assigns to Beneficiary, all right, title and inte�est to any and all monies deposited by or on
<br /> behalf of Trustor wiih any city, county,public body o�agency, sanitary distnct, utility company, and any other body or agency, for ihe
<br /> installation or to secure the installation of any utility by Trustor,pe�taining to the Trust Property.
<br /> 19. Organizationa/ Existence. lf Tiustor 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 Waiver.Any delay by Beneficia�y in exe�cising any right or remedy hereunder, or otherwise afforded
<br /> by applicable law or equity, shall not be a waiver of or preclude the exercise of such nght o�remedy or of any other right or remedy granted
<br /> hereunder or at law or equity. The failure of the Beneficiary to exercise any opiion to accele�ate maturity of the Obligations secured by this
<br /> Deed of Trust, the forbearance by the Beneficiary before or after the exercise of such opiion, or the withdrawal or abandonment of
<br /> proceedings provided for by this Deed of Trust shall not be a waiver of ihe right to exercise such option or to acce%rate the maturity of such
<br /> Obligations by�eason of any past,present or future event which would permit acceleration under the Section entitled "Acceleration of Debt;
<br /> Forec/osure"he�ein. The procurement of insurance, ihe payment of taxes o�the discharge of/iens or charges by Beneficia�y sha//not be a
<br /> waive�of Beneficiary's�ight to accelerate ihe maturity of the Obligations hereby secured. The Beneficiary's receipt of any awards, proceeds
<br /> or damages unde�ihe Section entitled "Hazard lnsurance"and the Section entitled "Condemnation"herein shall not operate to cure o�waive
<br /> defaulr by the Trusto�unde�the Section entitled "Events of Default"herein.
<br /> 21. Remedies Cumulative. All remedies provided in this Deed of Trust are distinct and cumulative to any othe�right or�emedy under ihis
<br /> Deed of Trust or afforded by/aw or equity, and may be exercised concurreni/y, independent/y or successive/y, and as often as the occasion
<br /> therefor a�ises.
<br /> 22. Successors and Assigns Bound;Number; Gender;Joini 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 Beneficia�y, Trustee,
<br /> and Trustor. Wherever used, the singular number shall include the plural, the plura/ihe singular, and ihe 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 ihe Trustor is an individual,
<br /> nothing conYained in this Deed of Trust shall in any way obligate a spouse of the Trustor to pay the Obligations un/ess such spouse also signs
<br /> the Note or the Guaranty. The captions and headings of the Sections of this Deed of Trust are for convenience only and are not to be used to
<br /> interpret or define the provisions hereof.
<br /> 23. Notice. Except for any notice required under applicable law to be given in another manner, lal any notice to Trustor provided for in this
<br /> Deed of Trust shall be given by mailing such notice by certified mail, rerurn receipt requested addressed to Trustor at iis mailing address set
<br /> forth above or at such other address as Trustor may designate by notice io Beneficiary as provided herein, and IbJ any notice to Beneficiary
<br /> or Trustee shall be given by certified mail, return receipt requested, to Beneficiary's and Trustee's mailing address siated herein or to such
<br /> other address as Beneficiary or 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 shall be governed by the laws of the State of Nebraska. ln the event any provision 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 effeci without the conflicting provisions and fo this end the provisions of this Deed of Trust are declared to be severable. ln ihe event
<br /> thai any applicable law in effect on the date of the execution of this Deed of Trust limits the amount of inte�est or other items which may be
<br /> /awfu!/y charged and is interpreted in a manner such ihat any payment provided for in this Deed of Trust or in the Note or the Guaranty
<br /> (whether considered sepa�ate/y or togeiher with other payments that are considered a part of this Deed of Trust and this t�ansactionJ
<br /> violates such law, such payment is hereby reduced to ihe exient necessary to eliminate such violation if the Trustor is entitled to the benefit
<br /> of such law.
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