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11. Condemnation. The proceeds of any award or payment or claim for damages, direct dr eonantrad tin, m connection with an y
<br />condemnation brother taking of the Trust Property, or any part thereof, either temporarily or permenendy. or for conveyance in lieu of Or in
<br />anticipation of condemnation, are hereby assigned to and shall be paid to Beneficiary . Truster will file and prosecute, in good /with 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, Truster irrevocably authorizes and empowers Beneficiary. in the name of Truster or otherwise, to file, prosecute, settle or compromise
<br />any such claim and to collect, receive for and retain the proceeds. B the Trust Property is abandoned by Truster, pr, after notice by
<br />Beneficiary to Truster that the condemnor offers to make an award or settle a claim for damages, Truism, fails to respond to Beneficiary
<br />within thirty (30) days after the data 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 costa and expenses, including attorneys' fees, which may
<br />have been incurred by Beneficiary in the collection thereof, at the sale dfieretian of Beneficiary, be released to Truster, applied to restoration
<br />of the Lust Property, or applied to the ayment of the Obligations. Unless Beneficiary and Theater otherwise agree In writing any such
<br />application of proceeds do the Note or tQuarenty, as applicable, shall not extend or poaboone the due data of any regular installments ca had
<br />for thereunder or change the amount of any such installments.
<br />12. Environmental RepresantaNbns and Wanamiew fndemnilwation; Inspandun and Testing. Truster represents and warrants chap except
<br />as disclosed in writing to Beneficiary and except where Truster has obtained the requisite local, state, and /or federal permits and approvals,
<br />Trusior does not and will not generate net have in its possession any hazardous m toxic wastes, chemicals or other sursspiemm, the
<br />generation of possession of which are governed by local, state and /or envimnmental laws, ordinances, decrees, regulations and statutes 0
<br />/hereinafter Environmental Wastes") .runts further represents and warrants that his not Presently the sub/ecl of any envimnmental (•�
<br />inquiry, litigation, administrative proceeding or threat thereof by a governmental authority, and that Truaror shall promptly notify Beneficiary
<br />of same if an y of the foregoing does occur, Trusior also represents and warrants to Beneficiary that if is not implied to any judgment, decree
<br />order or citation refuting to or arising out of a violation of local state or federal environmental laws or regulations. Tustor shall also provide
<br />Beneficiary when applicable with copies of ad appropriate environmental permits and aperovals. 0
<br />Tustor warrants and represents that there are not now, nor in the Truster'' knowledge after reasonable investigation have there ever been
<br />Environmental Wastes stored, deposited, treated, recycled or disposed of on, under, or at the Trust Property tlncludiog ranks or other
<br />facilities thereon containing such materials), which materials or contained materials, if known he be present an the property or present in soi�
<br />or ground water, wove requve dean up, re revap or miser mnreurn ever•• vnvo• o••.••, .... _..... .. —..
<br />Trusts, will indemnify and hold harmless Beneficiary, its successors, assigns, employees, agents, parent, affiliates and subsidiaries, and each
<br />Of them, from any and all claims, suits, damages, liabilities and expenses arising out of or in connection wmh any alleged or actual pollution
<br />or contamination of the ground, water ar air of, on or near the Trust Property.
<br />Beneficiary may at any time hire the services of en environmental consuming and/or tasting company to inspect the Trust Property with the
<br />.s is thereof to be charged to Tester. Trusior shall not rely on such inspection nor shall Treanor be Ont.ved thereby of conducting its own
<br />environmental audit or taking such other steps as are necessary a comply with envimnmental laws and regulations.
<br />13 Theater Not Released. Extension of the time for payment or modification at any amortization of the Obligations granted by Beneficiary to
<br />any successor in interest of Treader shall not operate to release, in any manner, the liability of Truster and T star'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 Truster and Tmstor's successors in Interest.
<br />14. Additional Covenant'. In addition to an y Other covenant of Theater made in any other agreement, instrument of document Duster
<br />shell comply with the covenants set froth in any Rider attached and made a part of this Deed of Trust.
<br />15. Schedule Of L..., edged ten (I Of days after demand. Tustor shall furnish to Beneficiary a schedule, certified to by Thmon, sorting
<br />lotth all leases of the Trust Proper!, 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 refractory request.
<br />16. Covenants of Truaer with Respect to Leases. Without the prior written consent of Beneficiary, Truster shall not dfrac h, ar i etirectl,
<br />wild respect a any lease of space m the T rust Ropers, or any portion thereof, whether such lease is new or hereafter In existence:
<br />lot Accept or permit any prepayment discount or advance payment of rent hereunder in excess Of one month,
<br />(b) Cancel or terminate the same, or accept any cancellation, termination Or surrender thereof, or permit any event to occur which would
<br />occur thereunder io terminate or cancel the same, other than termination for nonpayment of rent,
<br />(c) Amend or rnudify the same so as to reduce the term incrust the rental payable thereunder, or to change any renewal provisions
<br />therein contained,
<br />(d) Waive any default thereunder or breach thereof,
<br />(e) Give any consent, waiver or approval thereunder or take any other action in connection therewith, or with a Absent thereunder, which
<br />would have the effect of impairing the value of the lessor's interest thereunder or the property subject thereto, or of impairing the
<br />position of interest of Beneficiary harder, or
<br />(f) Sell, assign, Pledge, mortgage or otherwise dispose of of encumber its interest in any said lease or any rents, issues, media issuing
<br />ar ansmp thereunder.
<br />17, Waiver of Stature of Limitadons, Time is of the essence in all of Trustees obligations and duties hereunder, and to the extent permitted
<br />by law, Duster waives all present or future statues 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 Trust or an y rights Of remedies contained herein.
<br />18. Assignment of Deposits. In the event constfurmon of improvements is contemplated by the Obligations secured hereby, as additional
<br />security therefor, Trusior hereby transfers and assigns to Beneficiary, ail right, one and interest to any and all monies deposited by or on
<br />behalf of Truster with any city, county, public body or agyency, sanitary district utility company, and any other body or agency, for the
<br />installation or to secure the installation of any utility by Trestoc Benefit g to the Trust PLPerty.
<br />19. O,,p s bone/ E intense. If Tester 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 slate of its organization.
<br />.,.flow
<br />or nature event which
<br />surenes, the'aweent
<br />often to
<br />Of such
<br />ht to ex
<br />pointer of such
<br />shop of Debt;
<br />all not be e
<br />Ms proceeds
<br />cure or waNe
<br />default by the Trusior under the thale n entitled "wants or'atom' it"Im.
<br />21. Remedies Cumulative. AlAremedies 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 or equity, and may be exercised concurrently, independently or successively, and as often as the occasion
<br />therefor arises.
<br />22. Successors and Assigns Bpum; Ivuro e; Wde ; uamr aria 0.--
<br />shall bind, and the rights hereunder shall inure to, the respective heirs, legal to
<br />and Trusts,. Wherever used, the singular number shell include the plural, the p
<br />to all genders. All covenants and agreements of Truster shall be lost and sew
<br />nothing contained in this Deed of Trust shall in any way ob1/gare a spouse of (
<br />the Note or the Guaranty. The captions and headings of the Sections of this D
<br />interpret ar define the provisions herded.
<br />23. Notice. Except for any notice required under applicable law he be given in
<br />Deed of Trust shad be given by mailing such notice by certified maid return per
<br />Amid above or at such other address as Truster may designee by notice to Be
<br />or Trustee shall be given by certified mail, return receipt requested to Benefice
<br />other address as Beneficiary or Trustee may designate by notice to Trusior as
<br />shall be deemed to have been given to ]mstoq Beneficiary or Trustee when gi
<br />24. Governing Law; Sevarebgfr, This Deed of Trust shall be governed by the
<br />c/e ise of this Deed of Their conflicts with applicable law, such conflict shall n
<br />given effect without the conflicting provisions and to this end the provisions o
<br />that any applicable law in effect on the date of the execution Of this Deed of 1
<br />lawfully charged and is interpreted in a manner such that any payment provide am clack
<br />heshather
<br />such law,asuchpaymeent,, monneyrredviced to he extent necessary ssary l,0
<br />. The covenants and agreements herein contained
<br />s, successors and assigns Of Beneficiary, Trustee,
<br />lu /err, end the use of any gender shall be applicable
<br />1, however, that if the Truster is an individual,
<br />i pay the Obligations unless such spouse also signs
<br />are for convenience Only and ere net to be used to
<br />mar to) any ..,in. to Tiush, provided for in this
<br />ad addressed to Tustor ar its mailing address act
<br />oravided herein, and (b) any notice he Beneficiary
<br />usroe's mailing address stared herein or he such
<br />ain. Any nonce provided for in this Deed of Trust
<br />nner designated herein.
<br />State of Nebraska. 1. the event any provision or
<br />at provisions of this Dead of Trust which can be
<br />/ Trust are declared to be severable. In the event
<br />,e amount of interest or other items which may be
<br />Deed of Trust or in the Note or the Guaranty
<br />of this Deed or Dust and this transaction)
<br />h violation if the Truster is entitled to the benefit
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