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<br /> 11. Condemnation. The proceeds of any award 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 or permanently, o�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 col%cted and paid to Beneficiary, and should it fail to
<br /> do so, Trustor ir�evocably autho�izes and empowers Beneficiary, in the name of Tiustor or otherwise, to file,prosecute, sett/e or compromise
<br /> any such claim and to collect, receive for and retain the proceeds. lf the Tiust Property is abandoned by Trustor, or, after notice by
<br /> Beneficiary to Trustor that the condemnor offers to make an award o�settle a claim for damages, Trustor fails to respond to Beneficiary
<br /> within thirty(30) days after the date such notice is mailed, Beneficia�y is authorized to collect and apply the proceeds in the manner indicated
<br /> herein. The proceeds of any award o�claim may, after deducting all�easonable costs and expenses, including attorneys'fees, which may
<br /> have been incurred by Beneficia�y in the collection thereof, at the sole discretion of Beneficiary, be released to Tiustor, applied to restoration
<br /> of the Trust P�operty, or applied to the payment of the Obligations. Unless Beneficiary and Trustor othe�wise agree in wiiting, any such
<br /> application of proceeds to the Note or Guaranty, as applicable, shall not extend or postpone the due date of any�egular installments called
<br /> for thereunder or change the amount of any such installments.
<br /> 72. Environmenta/Representations and Wananties;/ndemnifrcation;/nspection and Testing. Trustor rep�esents and warrants that, except
<br /> as disclosed in writing to Beneficiary and except whe�e T�ustor has obtained the requisite local, state, and/o�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 /> generation or possession of which are governed by local, state and/o�environmental laws, ordinances, dec�ees, regulations and statutes
<br /> /hereina/ter "Environmental Wastes"l. Tiustor further represents and warrants that it is not presently the subject of any environmental
<br /> inquiry, litigation, administ�ative p�oceeding or threat thereof by a gove�nmental authority, and that Trusto�shall p�omptly notify Beneficiary
<br /> of same if any of the foregoing does occur. T�ustor also represents and wanants to Beneficiary that it is not subject to any judgment, decree,
<br /> o�der or ciiation relating to or arising out of a violation of local, state or federal environmental laws or regulations. Trustor shall a/so provide
<br /> Beneficia�y when applicable with copies of all appropriate environmental permits and approvals.
<br /> Trustor war�ants and�epresents ihat there are not now, nor to the Trusior's knowledge after reasonable investigation have there ever been
<br /> Environmenta/Wastes stored, deposited, treated, recyc%d or disposed of on, under, or at the Trust Property /inc/uding tanks or other
<br /> facilities thereon containing such materialsJ, which materials or contained materials, if known to be p�esent on the p�operty or p�esent in soils
<br /> or ground water, would require c%an up, removal, or other remedial action under enviionmental 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 al!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 ihe Trust Property.
<br /> Beneficiary may at any time hire the services of an environmental consulting and/or testing company to inspect the Trust P�operty with the
<br /> costs thereof to be charged to Trustor. Trustor sha//noi re/y on such inspection nor sha//Trustor be�e/ieved the�eby 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. Extension of the time for payment or modification of any amortization of the Obligations granted by Beneficiary to
<br /> any successo�in inte�est of Trustor shall not operate to release, in any manner, the liability of Trustor and Trustor's successors in interest.
<br /> Beneficiary shall not be requi�ed to commence proceedings against such successor or refuse to extend time for payment or oihe�wise 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 Trustor made in any other agreement, instrument or document, Trustor
<br /> shall comply with the covenants set forth in any Ride�attached and made a part of this Deed of Tiusi.
<br /> 15. Schedu/e of Leases. Within ten (f01 days after demand, Trusto�shall fu�nish to Beneficiary a schedule, certified to by Trustor, setting
<br /> forth all leases of the Tiust 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 fo�such space, and such other information and documents with respect
<br /> to such leases and tenancies as Beneficiary may reasonably request.
<br /> 16. Covenanfs of Tiusfor with Respect to Leases. Without the prior written consent of Beneficiary, Trustor shall not, di�ectly or indirectly,
<br /> with respect to any lease of space in the Trusi Property, or any poriion thereof, whether such lease is now or hereafter in existence:
<br /> (al Accept o�permit any prepayment, discount or advance payment of rent hereunder in excess of one month,
<br /> (b)Cancel or terminate the same, or accepi any cancellation, termrnation or surrender thereof, or pe�mit any event to occui which would
<br /> occur thereunder to terminate or cancel the same, othe�than termination for nonpayment of rent,
<br /> (cJ Amend or modify the same so as to�educe the te�m thereof, the rental payable thereunder, or to change any renewal provisions
<br /> the�ein contained,
<br /> (dl Waive any defauli the�eunder or breach thereof,
<br /> (el Give any consent, waiver or approval thereunder or take any other action in conneciron therewith, or with a lessee thereunder, which
<br /> wou/d have the effect of impai�ing the va/ue of the/essor's interest thereunder or the property subject thereto, or of impairing the
<br /> position of interest of Beneficia�y therein, or
<br /> /f) Sel% assign,pledge, mortgage or othe�wise dispose of, o�encumber its interest in any said lease or any�ents, issues,profits issuing
<br /> or arising thereunder.
<br /> 17. Waiver o/Statute of Limitations. Time is of the essence in all of Trusto�'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 or obligation secured hereby and any
<br /> action or proceeding fo�the purpose of enforcing this Deed of Trust or any�ights or remedies contained herein.
<br /> 18. Assignment of Deposits. ln the event const�uction of imp�ovements is contemplated by the Obligations secured hereby, as additional
<br /> security therefo�, Trustor hereby transfers and assigns to Beneficiary, all right, title and interest to any and all monies deposited by or on
<br /> beha/f of Trustor with any city, county,pub/ic body or agency, sanitary district, uti/ity company, and any other body or agency, for the
<br /> installation or to secure the installarion of any utility by Trustor,pertaining to the Trust Property.
<br /> 19. Organizationa/ Existence. lf Trustor is an organization o�ganized 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 Beneficiery Noi a Waiver. Any delay by Beneficiary in exercising any right or remedy hereunde�, or otherwise afforded
<br /> by app/icab/e/aw or equity, sha//not be a waiver 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 equiiy. The failure of the Beneficiary to exercise any option to acce%rate matu�ity of the Obligations secured by this
<br /> Deed of Trust, the forbearance by the Beneficiary before o�after the exercise of such option, or the withdrawa/or abandonment of
<br /> proceedings provided for by this Deed of Tiust shall not be a waiver of the right to exercise such opiion or to accelerate the maturity of such
<br /> Obligations by reason of any past,present or future event which would permit acceleration under the Section entitled "Acceleration of Debt;
<br /> Forec%sure"herein. The procurement of insurance, the payment of taxes or the discharge of liens or charges by Beneficiary shall not be a
<br /> waiver of Beneficiary's right to accele�ate the matu�ity of the Obligations hereby secured. The Beneficiary's receipt of any awards, p�oceeds
<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 Cumu/ative. All�emedies provided in this Deed of Trust are distinct and cumulative to any othe�right or iemedy under this
<br /> Deed of Tiust or afforded by law or equity, and may be exercised concunently, independently or successively, and as often as the occasion
<br /> therefor arises.
<br /> 22. Successors and Assigns Bound,•Number, Gendei;Joint and Severa/Liabi/ity;Captions. The covenants and agreements herein contained
<br /> shall bind, and the rrghis hereunder shall inure to, the respective heirs, legal rep�esentatives, successors and assigns of Beneficiary, Trustee,
<br /> and Tiustor. Wherever used, the singular number shall include the plu�al, the plural the singu/ar, and the use of any gende�shall be applicable
<br /> to all genders. All covenants and agreements of Trusto�shal!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 Obligations unless such spouse also signs
<br /> the Note or the Guaranty. The captions and headings of the Sections ol this Deed of Trust a�e for convenience on/y and are not to be used to
<br /> interpret or define the provisions he�eof.
<br /> 23. Notice. Except for any notice required under applicable law to be given in another manne� /al any notice to Trustor provided for in this
<br /> Deed of Trust shall be given by mailing such notice by certified mail, retu�n receipi requested addressed to Trustor at its mailing address set
<br /> forth above or at such other address as T�usto�may designate by notice to Beneficiary as provided herein, and/61 any notice to Beneficiary
<br /> or Trustee shall be given by certified mail, return receipt requested, to Beneficiary's and Trustee's mailing address stated heiein or to such
<br /> othe�address as Beneficiary or Trustee may designate by notice to Trusto�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 p�ovision or
<br /> clause of this Deed of Trust conflicis wrth 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 Trust are declared to be severable. ln the event
<br /> thar 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 manner such that any payment provided for in this Deed of T�ust or in the Note o�the Guaranty
<br /> (whether considered separately or together with other payments that are conside�ed a part of this Deed of Tiust and this transaction)
<br /> violates such law, such payment is hereby reduced to the extent necessary to eliminate such violation if the Tiustor is entit/ed to the benefit
<br /> of such law.
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