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200205401
<br />11, Condemnado. The proceeds of any award or �symew or dal,
<br />condemnation ar other taking of the
<br />Tons, Pmpertg r any part the,
<br />anticipation of condemnation, are hereby assigned to and shall be p
<br />due daligence, is claim for any such award or payment, and will cat
<br />do so, Trustor irrevocably authorizes and empowers Beneficiary, in
<br />any such claim and to co / /ect, receive for and retain the proceeds. l
<br />Beneficiary to Trustor that the condemnor offers to make an award
<br />within thirty 130) days after the date such notice is malted, Bsnefe,
<br />herein. The proceeds of any award or claim may, after deducting al,
<br />have been incurred by Beneficiary in the collection thereof, at the 34
<br />Of the Trust Property, or applied to the payment of the Obligations.
<br />application cf proceeds to the Note or Guaranty, as applicable, shat
<br />for thereunder or change the amount of any such installments.
<br />12. Environment./ Represantadans and Warranties; Imahm balls
<br />as disclosed in writing to Beneficiary and except where Trustor has
<br />Truster does all and will not generate nor have in its possession at
<br />genera icon or possession of which are governed by total, atere and
<br />(hereinafter "Environmental Wastes "). Trustor further represents an
<br />inquiry, litigation, administrative proceeding or threat thereof by a 9
<br />of some if any of the foregoing does occur. Trustor also represents
<br />order or citation relating to or arising out of a violation of local, stat
<br />Beneficiary when applicable with copies of all appropriate envaro ue
<br />a for damages, direct or consequential. in connection with any
<br />.of. either mission, or som ... Our, or for conveyance in into of ar in
<br />rid to Beneficiary. Trustor will file and prosecute, in good faith and with
<br />se the same to be callecied and paid to Beneficiary, and should it fail to
<br />he name of Trustor or otherwise, to Ile, prosecute, settle or compromise
<br />the Trust Property is abandoned by Trustor, or, after notice by
<br />or settle a claim for damages, Trusor fails to respond to Beneficiary
<br />by is authorized to collect and apply (he proceeds in the manner indicated
<br />reasonable casts and expenses, Including attorneys' fees, which may
<br />To discretion of Beneficiary, be released to Tosta , applied to restoration
<br />Unless Benehbaary and Truster otherwise agree in writing, any such
<br />not extend or postpone the due date of any regular installments called
<br />warrants
<br />that Tr
<br />that it
<br />Is that, except
<br />and approvals,
<br />ea, the
<br />Trustor warrants and represents that there are not now, nor to the Trustor's knowledge alter reasonable investigation have there ever been
<br />Environmental Wastes stored, deposited, treated, recycled of disposed of on, under, or at the Trust Property (including tanks or other
<br />facilities thereon containing such materiels/. which materials or contained materials, if known m be present on the property or present in soils
<br />or ground water, would require clean up, removal, or other remedial action under environmental laws.
<br />T star 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 with an y alleged or actual pollution
<br />or comaminatton of the ground, water or air of on or near the Trust Property.
<br />Beneficiary may at any time hire the an"ams of an environmental consulting -title, testing company to inspect the Treat Property with the
<br />costs thereof to be charged to Trustor. Truster 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. Truster Not Released. Extension of the time for payment or modification of any amortization of the Obligations granted by Beneficiary o
<br />any successor an interest of Truster shall not operate to release, to any manner, the liability of Trustor and Trustor's successors in interest . such successor or
<br />amort iaa on shall not be
<br />the Obligations by reason of any demand made ibylT ainor and Trisiod's successom in extend
<br />inter for payment or Otherwise modify
<br />14. Addidona/ Covenants. In 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 Rider attached and made a part of this Deed of Trust.
<br />15. Schedule of Leases. Within ten ry01 days after demand Truster shall furnish to Beneficiary a schedule, certified to by Tmstoq setting
<br />forth all leases of the Trust 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 he rental payable for such space, and such other Information and documents with respect
<br />to such leases and tenancies as Beneficiary me y reasonably request.
<br />18. Covename of Truster 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 of permit any prepayment discount or advance payment of said 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 to terminate or cancel the same, other than termination for nonpayment Of rant
<br />Ic) Amend or modify the same so as to reduce the term thereof, the rental payable thereunder, ar to change any renewal provisions
<br />therein contained.
<br />(dl Waive any default thereunder or breach thereof.
<br />(a) Give any consent, waiver or approval thereunder or take any other action in connection therewith, or with a lessee thereunder, which
<br />would have the effect of imppairing the value of the lessor's interest thereunder or the property subject fheratn, or o) impairing the
<br />position of interest of Beneficiary therein, or
<br />(f) Sell, assign, pledge, mortgage or otherwise dispose of, or encumber its interest in any said lease cr any rents, issues, profits issuing
<br />or arising thereunder.
<br />17. Waiver of Statute of Lbnitedeas. Time is of the essence in all of Trus(nr's obligations and duties hereunder; and to the extant permitted
<br />action oT proceeding for the purpose of enforcing this Deed of with respect to
<br />any rights of remedies contained herein, n secured hereby and an y
<br />g
<br />18. Assignment of Deposits. In the event construction of improvements is contemplated by the Obligations secured hereby, as additional
<br />security therefor. Trustor hereby transfers and assigns to Beneficiary, all right, title and interest to any and ail monies deposited by or on
<br />behalf of Trustor with any city, county, public body or agency, sanitary district, utility company, and any other body or agency, for the
<br />installation or to secure the installation of any utility by Trustor, pertaining to the Trust Property.
<br />19. Orgeaburdanel Eaastence. if Trustor is an organization organized under the laws at a state, it will do all things necessary to preserve is
<br />existence and all rights and privileges under the laws of the stare of its argaNratind
<br />20. Farbearurca by Beneficiary Not a Waiver. Any delay by Beneficiary in exercising any fight or remedy hereunder, or otherwise afforded
<br />by applicable law or equity, shall not be a waiver of or preclude the exercise of such right or remedy or of any other fight ar remedy granted
<br />hereunder or a( law or equity. The failure of the Beneficiary to exercise any option to accelerate maturity of the Oblipnionssecured by this
<br />Deed of Trust, the forbearance by the Beneficiary before or after the exercise of such option, or the withdrawal or abandonment of
<br />proceedings provided far by this Deed of Trust shall not be a waiver of the right to exercise such option or to accelerate the maturity of such
<br />Obligations by reason of any past present ar future event which would permit acceleration under the Section entitled "Acceleration of Debt;
<br />Foreclosure "herein. The procurement of insurance, the payment of taxes or (lie old hands of /fans or charges by Beneficiary shall not be
<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 "Hazard Insurance "antl the Section entitled "Condem nation "herein shall not operate to cure or active
<br />default by the Trustor under the Section entitled "Events of Default " herein.
<br />21. Remedies Cumulative. All remedies pro video in this Deed of Trust are distinct and cumulative to any ether right inurement 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; Border; Joint and Several Liabigry; Captions. The covenants and agreements herein contained
<br />shall bind and the rights hereunder shall inure o, the respective heirs, legal representatives, successor and assigns of Baneficiarg Trustee,
<br />and Trustor. Wherever used, the atngula, number shall Include the plural, the plural the singular, and the use of any gentler shall be applicable
<br />to all genders. All coverve s and agreements of Trusor 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 Trusor to pay the Obligations unless such spouse also signs
<br />the Note or the Guaranty. The captions and headings of the Sections of this Deed of Trust are for convenience only and are nor to be used to
<br />interpret or defame the provisions hereof
<br />23. Notice. Except for any notice required under applicable law to be given in another manner, tai any notice to Trustor provided for in this
<br />Deed of Trust shall be given by mailing such notice by certified mail, return eceapt requested addressed to Trustor at is moiling address set
<br />forth above or at such ether address as Trustor may designate by notice to Beneficiary as provided herein, and nd 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 herein Or ro such
<br />other
<br />hall be deemed to h
<br />ave [been g van to Trustor, Benefit ary notice to or ThOdsouwhen gi
<br />ven in the manner designated hererntl for in this Deed of Trust
<br />24. Governing Law; Sevembg/ty. This Deed of Trust shall be governed by the laws of the State Of Nebraska. /n 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 Trust are declared to be severable. In the event
<br />that any applicable law to effect on the data of the execution at this Deed of Trust limits the amount of interest or other items which may be
<br />lawfully charged and is interpreted in a manner such that any payment provided for in this Deed of Trust or in the Note ar the Guaranty
<br />(whether considered separately or together with other payments that are considered a part of this Deed of Trust and this transaction)
<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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