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<br /> 11. Condemnation. The p�oceeds of any award or payment or clarm for damages, direct o�consequential, in connection with any
<br /> condemnation or other taking of the Tiust Property, or any part ihereof, either temporarily or permanently, or for conveyance in lieu of or in
<br /> anticipation of condemnation, are hereby assigned to and sha!!be paid to Beneficiary. Tiustor will file and prosecute, in good faith and with
<br /> due diligence, its claim for any such award o�payment, and will cause the same to be col%cted and paid to Beneficiary, and should it fail to
<br /> do so, Trustor irrevocably authorizes and empowe�s Beneficia�y, 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 the p�oceeds. lf the Trust Propeity is abandoned by Trustor, or, after notice by
<br /> Beneficiary to Trusior that the condemnor offers to make an award or settle a claim for damages, T�ustor fails to respond to Beneficiary
<br /> within thirty l30/days after the date such notice is mailed, Beneficiary is authorized to collect and apply the proceeds in the mannei indicated
<br /> herein. The proceeds of any award or claim may, after deducting all�easonable 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�eleased to Trustor, applied to restorarion
<br /> of the Trust Property, or applied to the payment of the Obligations. Unless Beneficiary and Tiustor otherwise agree in writing, any such
<br /> application of proceeds to the Note or Guaraniy, as applicable, shall not extend o�postpone the due dafe of any regular installments called
<br /> for thereunder or change the amount of any such insiallments.
<br /> 12. Environmenta/Repiesentations and Wananties;/ndemnificaiion;/nspection and Testing. Trustor represents and warranis that, except
<br /> as disclosed in writing to Beneficiary and except where Tiustor has obtained the requisite local, state, and/or federal permits and approvals,
<br /> Trustor does not and will not generate nor have in its possession any hazardous or toxic wastes, chemicals or other substances, the
<br /> gene�ation or possession of which are governed by local, state and/or environmental laws, ordinances, decrees, regulations and statutes
<br /> (hereinafter "Environmental Wastes"/. T�ustor further represents and warranis that it is not presently the subject of any environmental
<br /> inquiry, litigation, administrative proceeding or threat thereof by a governmental authority, and thai Trustor shall promptly notify Beneficiary
<br /> of same if any of the foregoing does occur. Tiusior also represents and wanants to Beneficiary that it is not subject to any judgment, decree,
<br /> order or citation re/ating to or arising out of a vio/ation of/oca/, state or federa/envi�onmenta//aws o��egu/ations. T�ustor sha//a/so provide
<br /> Beneficiary when applicable with copies oI al1 app�opriate envi�onmental permits and approvals.
<br /> Trustor warrants and rep�esents that there are not now, nor to the Trustor's knowledge after reasonable investigation h,ave there ever been
<br /> Environmental Wastes stored, deposited, treated, recycled or disposed of on, under, or at the Trust Property (including tanks o�other
<br /> facilities thereon containing such materialsJ, which materials o�contained materials, if known to be present on the property o�present in soils�
<br /> or g�ound water, would require clean up, removal, or other�emedial action under environmental laws.
<br /> Trusto�will indemnify and hold harmless Beneficiary, its successors, assigns, employees, agents,parent, affiliates and subsidia�ies, 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 /> o�contamination of the g�ound, water or ai�of, on or near the Trust P�operty.
<br /> Beneficiary may at any time hire the services of an environmental consulting and/o�testing company to inspect the Tiust Property with the
<br /> costs thereof to be cha�ged to Trustor. Trustor shall not rely on such inspection nor shall Tiustor be�elieved thereby of conducting its own
<br /> environmental audii 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 Tiustor shall not operate to�elease, in any manner, the liability of Trustor and Trustor's successo�s in interest.
<br /> Beneficiary shall not be required to commence proceedings against such successor or refuse to extend time fo�payment or otherwise modify
<br /> amortization of the Obligations by reason of any demand made by Trustoi and Trustor's successors in interest.
<br /> 14. Additiona!Covenants. ln addition to any other covenants of Trustor made in any other agreement, instrument or document, Trustor
<br /> shall comply with the covenants sef forth in any Rider attached and made a part of this Deed of Trust.
<br /> 15. Schedu/e of Leases. Within ten (10J days after demand, Tiustor shall fu�nish to Beneficiary a schedule, certified to by Trustor, setting
<br /> forth a///eases of the Trust Property, or any portion thereof, including in each case, the name of ihe tenanis or occupants, a desc�iption of
<br /> the space occupied by such tenant or occupant, the rental payable for such space, and such other info�mation and documents with respect
<br /> to such/eases and tenancies as Beneficia�y may ieasonably request.
<br /> 16. Covenants of Tiustoi with Respect to Leases. Without the prior written conseni of Beneficiary, Trusior shall not, directly or indirecily,
<br /> with respect to any lease of space in the Trust Property, or any portion the�eof, whether such lease is now or hereafter in existence:
<br /> (aJ Accept or permit any prepayment, discount or advance payment of rent hereunder in excess of one month,
<br /> (bl Cancel or terminate the same, or accept any cancellation, termination or surrender thereof, o�permit any event to occur which would
<br /> occu�thereunder to terminate or cancel the same, othe�than termination for nonpayment of�ent,
<br /> (cJ Amend or modify the same so as to reduce the term the�eof, ihe renta!payable thereunder, or to change any renewal provisions
<br /> therein contained,
<br /> ldl Waive any default thereunder or breach ihereof,
<br /> /e/ Give any consent, waiver or approva/ihereunder or take any other action in connection therewith, or wiih a/essee thereunder, which
<br /> would have the effect of impairing the value of the lessor's interest thereunder or the p�operty subject thereto, or of impairing the
<br /> position of interest of Beneficiary therein, or
<br /> (f) Sel% assign,pledge, mo�igage 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. Waiver of Statute of Limitaiions. 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 or future statutes of limitation with respect to any debt, demand o�obligation secured hereby and any
<br /> action or p�oceeding for the purpose of enforcing this Deed of Trust or any rights or remedies contained herein.
<br /> 18. Assignment of Deposits. ln the event constructron of improvements is contemplated by the Obligations secured hereby, as additional
<br /> security therefor, Trusto�hereby transfers and assigns fo Beneficiary, a//�ight, tit/e and interest to any and a//monies deposited by or on
<br /> behalf of Trusto�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 /> 79. Organizational Exisience. lf Trustor 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 exercising any right oi remedy hereunder, or otherwise afforded
<br /> by applicable law or equity, shall not be a waiver of or preclude the exe�cise of such right or remedy o�of any othe�right or remedy granted
<br /> hereunder or ai law o�equity. The failure of the Beneficiary to exercise any option to accelerate maturity of the Obligations secured by this
<br /> Deed of Trust, the fo�bea�ance by the Beneficiary before or after the exe�cise of such option, or the withdrawal or abandonment of
<br /> p�oceedings provided fo�by this Deed of Trust shall noi be a waiver of the�ight to exercise such opiion or to acce%rate the maturity of such
<br /> Obligatrons by reason of any past,present or future event which would permit acce%ration under the Section entitled "Acce%�ation of Debt;
<br /> Forec%su�e"herein. The procurement of insurance, the payment of taxes or the discharge ofliens or charges by Beneficia�y shall not be a
<br /> waiver of Beneficiary's right to acce%rate the maturity of the Obligations hereby secured. The Beneficiaiy's�eceipt of any awards,proceeds
<br /> or damages under the Section entit/ed "Hazard/nsurance"and the Section entit/ed "Condemnation"herein sha//not operate to cure or waive
<br /> default by the Trustor unde�the Section entitled "Events of Default"herern.
<br /> 21. Remedies Cumu/ative. All remedies provided in this Deed of Tiust are distinct and cumulative to any other right or remedy under this
<br /> Deed of Trust 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;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, successo�s and assigns of Beneficiary, Trustee,
<br /> and Tiustor. Whereve�used, the singular number shall include the plu�al, the plural the singular, 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 Trustor is an individual,
<br /> nothing contained in this Deed of Trust shall in any way obligate a spouse of the Tiustor to pay the Obligaiions unless such spouse also signs
<br /> the Note or the C'ivaranty. The captions and headings of the Sections of this Deed of Trust are for convenience on/y and are not to be used to
<br /> interpret or define the provisions hereof.
<br /> 23. Notice. Except for any notice requi�ed under applicable law to be given in anothe�manner, (a/any notice to Trustor provided for in this
<br /> Deed of Trust shall be given by mailing such notice by certified mail, return receipt�equested addressed to Trustor at its mailing address set
<br /> forth above or at such other address as Trustor may designate by notice to Beneficiary as provided herein, and(bl any notice to Beneficiary
<br /> or Trustee shall be given by certified mail, return�eceipt requested, to Beneficiary's and Tiustee's mailing add�ess stated herein or to such
<br /> other address as Beneficiary or Trustee may designate by notice to Trustor as provided he�ein. Any notice provided foi in this Deed of Trust
<br /> shall be deemed to have been given to T�ustor, Beneficia�y or Trustee when given in the manner designated herein.
<br /> 24. Governing Law;Severabi/ity. This Deed of T�ust shall be governed 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 this 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 T�ust limits the amount of interest or other items which may be
<br /> lawfully charged and is inte�p�eted in a manner such that any payment provided for in this Deed of Trust or in the Note o�the Guaranty
<br /> /whether considered separate/y o�together with other payments ihat are considered a part of this Deed of Trust and this t�ansactionl i
<br /> violates such law, such payment is hereby reduced to the extent necessary to eliminate such violation if the Trustor is entitled to the benefit
<br /> of such law.
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