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• ' 99 •10654.1
<br /> 11. Condemnation. The proceeds of any awa�d or payment or claim for damages, direct or consequential, in connection with any
<br /> condemnation or othe�taking of the Trust Property, or any part thereof, either temporarily oi permanently, or for conveyance in lieu of or in
<br /> anticipation of condemnation, are hereby 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 awa�d 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 oiherwise, to file,prosecute, settle or compromise
<br /> any such claim and to collect, receive for and retain the proceeds. lf the Trust Property is abandoned by Trustor, or, after notice by
<br /> Beneficiary to Trustor that ihe condemnor offers to make an award or settle a claim for damages, Trusto�fails to respond to Beneficiary
<br /> within thirty l30)days after the date such notice is mailed, Beneiiciary 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 the�eof, at the sole discretion of Beneficia�y, be released to Trustor, applied to resto�ation
<br /> of the T�ust Property, or applied to the payment of the Obligations. Unless Beneficiary and T�ustor otherwise ag�ee in w�iting, 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/Repiesentations and Warranties;/ndemnification;/nspection and Testing, Trusto��epresents and warrants that, except
<br /> as disclosed in writing to Beneficiary and except where T�ustor has obtained the requisite local, state, and/or federal permits and app�ovals,
<br /> Trustor does not and will not generate nor have in its possession any hazardous or toxic wastes, chemicals o�other substances, the
<br /> gene�ation or possession of which a�e governed by local, state and/or environmental laws, ordinances, decrees, regulations and statutes
<br /> /hereinafter "Environmental Wastes"1. Trustor fu�ther represenis and war�ants that it is not presently the subject of any environmental
<br /> inquiry, litigation, administrative proceeding or threat thereof by a gove�nmental auihority, and that Trustor shall promptly notify Beneficiary
<br /> of same if any of the fo�egoing does occur. Trustor a/so�ep�esents and wa�rants 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 or regulations. Trustor shall also provide
<br /> Beneficiary when applicable with copies of all appropriate environmental permits and approvals.
<br /> T�ustor warrants and represents that there are not now, nor to the Tiustor's knowledge after�easonable investigation have there ever been
<br /> Environmental Wastes stored, deposited, treated, recycled or disposed of on, under, or at the Trusi Property /including tanks or other
<br /> facilities thereon containing such materialsl, which mate�ials o�contained materials, if known to be present on the property o�present in soils
<br /> or ground wate�, would require clean up, removal, or othe�remedial action under environmental laws.
<br /> Trusto�wi//indemnify and ho/d harm/ess Beneficiary, its successors, assigns, emp/oyees, agents,parent, affi/iates and subsidiaries, and each
<br /> of them, f�om any and all claims, suits, damages, liabilities and expenses arising 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 environmenia!consulting and/or testing company to inspect the Trust Property with the
<br /> cosis thereof to be charged to Trustor. Trusto�shall not rely on such inspection nor shall Trustor be relieved thereby of conducting its own
<br /> environmental audit or taking such othe�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 g�anted by Beneficiary to
<br /> any successor in inte�est of Trustor shall not operate to re%ase, in any manner, the liability of Trustor and T�usto�'s successors in interest.
<br /> Beneficiary shall not be�equired 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 Trustor and Tiustor's successors in interest.
<br /> 14. Additiona/Covenants. /n addition to any other covenants of Trustor made in any other agreement, instrument or document, Trustor
<br /> shall comply with the covenanis set forih in any Rider attached and made a pa�t of this Deed of Trust.
<br /> 15. Schedu/e of Leases. Within ten (10) days after demand, Tiusto�sha//f�rnish to Beneficiary a schedu/e, certified to by Trustor, seiting
<br /> fo�th al!leases of the T�ust Property, or any portion 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 Beneficiary may�easonably request.
<br /> 16. Covenants of Trustor with Respect to Leases. Without the prior written consent of Beneficiary, Trustor shall not, directly o�indi�ectly,
<br /> with respect to any lease of space in the T�ust Property, or any portion thereof, whether such lease is now or hereafter in existence:
<br /> lal Accept o�permit any prepayment, discount or advance payment of rent he�eunder in excess of one month,
<br /> l6J Cancel or terminate the same, or accept any cancellation, te�mination or surrender thereof, or permit any event to occur which would
<br /> occur thereunder to terminate or cancel the same, other than termination for nonpayment of�ent,
<br /> (cl Amend or modify the same so as to�educe the term thereof, the rental payable thereunder, or to change any renewal p�ovisions
<br /> the�ein contained,
<br /> (dJ Waive any default thereunder or breach thereof,
<br /> (el Give any consent, waiver or approva/thereunder or take any othe�actron in connection therewith, or wrth a/essee thereunder, which
<br /> would have the effect of impairing the value of the lessor's inte�est the�eunder or the property subject thereto, or of impairing the
<br /> position of inierest of Beneficiary the�ein, or
<br /> /f/ Sel% assign,pledge, mortgage or othe�wise dispose of, or encumber its interest in any said lease oi any rents, 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 extent permitted
<br /> by law, Trustor waives all present o�futu�e siatutes of limitation with respect to any debt, demand or obligation secured hereby and any
<br /> action or proceeding for ihe purpose of enforcing this Deed of Trust or any rights or remedies contained herein.
<br /> 78. Assignmeni of Deposits. !n the eveni construction of improvements is contemp/ated by the Ob/igations secu�ed hereby, as additiona/
<br /> security the�efor, Trustor hereby transfers and assigns to Beneficiary, all right, title and interest to any and all monies deposited by or on
<br /> behalf of Trusior 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 Prope�ty.
<br /> 19. Organizationa/ Existence. lf T�ustor is an oiganization organized under the laws of a state, it will do al!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 Beneficiary in exercising any right o�remedy hereunder, or otherwise afforded
<br /> by app/icab/e!aw or equity, sha//not be a waive�of or prec/ude the exercise of such right or remedy or of any other right or remedy granted
<br /> hereunder or at law or equity. The failure of ihe Beneficiary to exercise any option to accelerate matu�ity of the Obligations secured by this
<br /> Deed of Trust, the forbearance by the Beneficiary before or after the exercise of such option, or the withdrawal or abandonmeni of
<br /> proceedings provided loi by this Deed of Tiust sha//not be a waiver of the right to exercise such option or to acce/erate the maturity of such
<br /> Obligations by reason of any past,present or future event which would pe�mit acce%ration under the Section entitled "Acceleration of Debt;
<br /> Forec/osure"he�ein. The procurement of insurance, the paym,ent of taxes or the discharge of/iens or charges by Beneficiary sha//not be a
<br /> waiver of Beneficiary's�ight to accelerate the maturity of the Obligations hereby secured. The Beneficiary's receipt of any awards,proceeds
<br /> or 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 Default"herein.
<br /> 21. Remedies Cumulative. All remedies provided in this Deed of Tiust are distinct and cumulative to any other right or�emedy under this
<br /> Deed of T�ust or afforded by law or equrty, and may be exe�cised concurrently, independently or successively, and as often as the occasron
<br /> therefor arises.
<br /> 22. Successors and Assigns Bound;Number; Gender;Joint and Severa/Liabi/ity; Captions. The covenants and agreements herein contained
<br /> shal!bind, and the rights hereunder shall inure to, the respective heirs, lega!iepresentatives, successors and assigns of Beneficiary, Trustee,
<br /> and Trustor. Whe�ever used, the singular number shall include the plural, the plural the singular, and ihe use of any gender shall be applicable
<br /> to all genders. All covenants and agreemenis of Trustor shal!be joint and several,•p�ovided, however, that if the Trustor is an individual,
<br /> nothing conCained in ihis Deed of Tiust sha//in any way ob/igate a spouse of the Trusto�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 vf this Deed of Tiust a�e fo�convenience only and are noi 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, (a1 any notice to Trustor provided for in this
<br /> Deed oJ Trust shall be given by mailing such notice by certified mail, return receipt�equested addressed to T�ustor at its mailing address set
<br /> forth above or at such other add�ess as Trustor may designate by notice to Beneficiary as provided herein, and(61 any notice to Beneficiary
<br /> or Trustee shall be given by ce�tified mail, return receipt requested, to Beneficiary's and Trustee's mailing address stated herein o�to such
<br /> othe�address as Beneficiary or T�ustee may designate by notice to Trusior as provided herein. Any notice provided for in this Deed of Trust
<br /> shall be deemed to have been given to Trustor, Beneficiary or Trusiee when given in the manner designated herein.
<br /> 24. Governing Law;Severabi/ity. This Deed of Trust shall be gove�ned by the laws of the State of Nebraska. ln the event any provision or
<br /> clause of this Deed of Trust conflicts with applicable law, such conflict shall not affect other provisions of ihis Deed of Trust which can be
<br /> given effect without the conflicting provisions and to this end the provisions of this Deed of Tiust 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 ihe amount of inte�est or other items which may be
<br /> lawfully charged and is interpreted in a manner such that any payment p�ovided for in this Deed of Tiust or in the Note or the Guaranty
<br /> /whether considered separate/y or together with other payments that are considered a part of this Deed of Trust and this transactionl
<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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