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<br /> 11. Condemnation. The proceeds of any award or payment or claim for damages, direct or consequential, in connection wifh any
<br /> condemnation or other taking of the Trust Property, or any part the�eof, either temporarily or permanently, o�for conveyance in lieu of or in
<br /> anticipation of condemnation, are hereby assigned to and sha//be paid to Beneficiary. Trusior wi//fi/e and prosecute, in good faith and with
<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, T�usto�irrevocably authorizes and empowers Beneficiary, in the name of Trustor or otherwise, to file,prosecute, settle or compromise
<br /> any such claim and to collect, receive for and retain the proceeds. lf the Trust P�operty is abandoned by Trustor, or, after notice by
<br /> Beneficiary to T�ustor that the condemnor offers to make an award or sett/e a c/aim for damages, Trustor fai/s to respond to Beneficiary
<br /> within ih,irty(30/days after the date such notice is mailed, Beneficiary is authorized to col%ci and apply the p�oceeds in the manner indicated
<br /> herein. The p�oceeds of any award or claim may, after deducting all reasonable costs and expenses, including atto�neys'fees, which may
<br /> have been incurred by Beneficia�y in the collection thereof, at the sole discretion of Beneficiary, be re%ased to T�ustor, applied to restoration
<br /> of the Trust Property, or applied to the payment of the Obligations. Unless Beneficiary and Trustor otherwise ag�ee in writing, any such
<br /> application of proceeds to the Note or Guaranty, as applicable, shal!not extend or postpone the due date of any regu/ar installments called
<br /> fo�thereunder or change the amount of any such installments.
<br /> 12. Envi�onmenia/Represeniations and Wananties;/ndemnification;/nspection and Testing. Trustor represents and warrants that, except
<br /> as disclosed in writing to Beneficiary and except whe�e Trustor has obtained the requisite local, state, and/or/ederal permits and approvals,
<br /> Trustor does not and will not generate nor have in its possession any hazardous o�toxic wastes, chemicals or other substances, the
<br /> generation or possession of which are governed by local, state and/or environmental laws, ordinances, decrees, regu/ations and statutes
<br /> (hereinafter "Environmental Wastes"/. Trustor further represents and war�ants that it is not presently the subject of any environmental
<br /> inquiry, litigation, administrative proceeding o�threat the�eof by a governmental authority, and that Tiustor shall promptly notify Beneficiary
<br /> of same if any of ihe foregoing does occur. Trustor also represents and warrants to Beneficia�y ihat it is not subject to any judgment, decree,
<br /> order or citation relating to or a�ising out of a violation of local, state or federal environmental laws or regu/ations. Tiustor sha//a/so provide
<br /> Beneficia�y when applicable with copies of all appropriate environmental permits and approva/s.
<br /> Trustor wanants and�epresents that there are not now, nor to the Trustor's knowledge after reasonab/e investigation have there ever been
<br /> Environmental Wastes sto�ed, deposited, treated, recycled or disposed of on, under, or at the Trusi Property (including tanks or other
<br /> faci/ities thereon containing such mare�ia/sl, which materia/s or contained materia/s, if known to be present on the property or present in soils
<br /> or g�ound water, would require cfean up, removal, or otY,er;emedial action unde�environmental laws.
<br /> Trustor will indemnify and hold harm/ess Beneficia�y, its successors, assigns, employees, agents,parent, affiliates and subsidiaries, and each
<br /> of them, from any and all claims, suiis, 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 Trust 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 ihereof to be charged to T�ustor. Trustor shall not rely on such inspection nor shall Trustor be relieved 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. 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 interest of Trustoi shall not operate to release, in any manner, the liability of Tiustor 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 Trustoi's successors in interest.
<br /> 14. Additiona/Covenants. /n addition to any other covenants of Trustoi made in any other agreement, instrument o�document, Trustor
<br /> shall comply with the covenants set fiorth in any Rider attached and made a part of this Deed of Trust.
<br /> 15. Schedu/e of Leases. Within ten (10/days after demand, Trustor sha//furnish to Beneficiary a schedu/e, certified to by Trustor, setting
<br /> forth a/!/eases of the Trust Property, o�any portion thereof, including in each case, the name of the tenants or occupants, a desc�iption of
<br /> the space occupied by such tenant or occupant, the renta/payab/e for such space, and such other information and documents with iespect
<br /> to such leases and tenancies as Beneficiary may reasonably request.
<br /> 16. Covenants of Trustor with Respect to Leases. Without the prior written consent of Beneficiary, Trustor shall not, directly or indirectly,
<br /> with respect to any lease of space in the Trust Property, or any portion thereof, whether such lease is now or hereafter in existence:
<br /> (a)Accept or permit any p�epayment, discount or advance payment of reni hereunder in excess of one month,
<br /> lb)Cancel o�terminate the same, or accept any cancellation, termination or sunender thereof, or permit any event to occur which would
<br /> occur thereunder to terminate or cancel the same, other than termination for nonpayment of rent,
<br /> (c)Amend or modify the same so as to reduce the term thereof, the rental payab/e thereunder, or to change any renewal provisions
<br /> therein contained,
<br /> (dJ Waive any default thereunder or breach thereof,
<br /> lel Give any consent, warver or approva/theieunder or take any other action in connection iherewith, or with a lessee thereunder, which
<br /> would have the effect of impairing the value of the lessor's interest thereunde�or the property subject thereto, or of impairing the
<br /> position of inte�est of Beneficiary therein, o�
<br /> /f) Sel1, assign,pledge, mortgage or otherwise dispose of, or encumber its interest in any said lease or 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/aw, Trustor waives a//preseni or future statutes of/imitation with respect to any debt, demand or ob/igation secured he�eby and any
<br /> action or proceeding for ihe purpose of enforcing this Deed of Trust or any rights or remedies contained herein.
<br /> 18. Assignment of Deposits. /n ihe event construction of improvements is contemp/ated by the Ob/igations secured hereby, as additiona/
<br /> security therefor, Trustor hereby transfers and assigns to Beneficia�y, all right, title and interest to any and all monies deposited by o�on
<br /> behalf of Trustor with any city, county,public body or agency, sanita�y district, utility company, and any other body or agency, for the
<br /> installation or to secure the installation of any utility by T�ustor,pertaining to the Trust Property.
<br /> 19. Organizationa/ Existence. 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 righis and privileges under the laws of ihe state of its organization.
<br /> 20. Forbearance by Beneficiary Not a Waiver. Any delay by Beneficiaiy in exercising any right or�emedy hereunder, oi 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 o�of any other right or remedy granted
<br /> hereunder 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 after the exercise of such option, or the withdrawa/or abandonment of
<br /> proceedings provided for by this Deed of Trust shall not be a waiver of the right to exercise such option or to acce%rate the maturity of such
<br /> Obligations by reason of any past,present or future eveni which would permit acce%ration under the Section entitled 'Acce/eration of Debt;
<br /> Foreclosure"herein. The p,rocu�emeni of insurance, the payment of taxes or the discharge of liens or cha�ges by Beneficiary 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 entitled "Haza�d lnsurance"and the Section entit/ed "Condemnation"herein shall not operate to cure or waive
<br /> default by the T�ustor under the Section entitled "Events of Default"herein.
<br /> 21. Remedies Cumu/ative. All remedies provided in this Deed of Trust are distinct and cumulative to any other right or remedy under this
<br /> Deed of Trust or afforded by law o�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, successors and assigns of Beneficiary, Trustee,
<br /> and Trustor. Wherever used, the singular number shali%nclude the plural, the plural the singular, and the use of any gender shall be applicable
<br /> to all gende�s. All covenants and agreements of Trusior shall be joint and several;provided, however, that if the T�ustor is an individual,
<br /> nothing contained in this Deed of Trust shall in any way obligate a spouse of the Trustor to pay the Obligations unless 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 on/y and aie 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 manne� fa/any notice to Trustor provided fo�in this
<br /> Deed of Trust shall be given by mailing such notice by certified mail, return receipt requested addressed to Trustor at its mailing address set
<br /> forth above o�at such other address as Trustor may designate by notice to Beneficiary as provided herein, and(b)any notice to Beneficiary
<br /> or Trustee shall be given by certified mail, retu�n receipt requested, to Beneficiary's and Trustee's mailing address stated he�ein oi 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;Severability. This Deed of Trust shall be governed by the laws of the State of Neb�aska. 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 effect without the conflicting provisions and to this end the provisions of this Deed of Trust are declared to be severab/e. ln the event
<br /> that any spplicable 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 Trust or in the Note or the Guaranty
<br /> (whether considered separate/y or togethe�with other payments that are. considered a part of this Deed of Trust and this iransaction)
<br /> violates such law, such payment is hereby reduced to the extent necessary to eliminate such violation if the T�ustor is entitled to ihe benefit
<br /> of such law.
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