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5. In case of any damage to or destruction of the buildings, improvements or personal property, constituUor7pa of �Qrplt Proepery,
<br />whether such loss is covered by insurance or otherwise, Truster, at its sole cost and expense, will promptly restore, repair, replace and
<br />rebuild the same as nearly as practicable to its condition immediately prior to such damage or destruction or with such changes and
<br />afteranuns as Tustor may deem appropriate, prpvtded such changes and alterations do not materially lessen the value and utility of
<br />such huildirnrs, improvements and personalty from that existing immediately prior to such dam.:ge or destruction. Trustor shrill be
<br />entitled to reimbursement from the Trustee to the extent of the net insurance proceeds received by Trustee, but not to the extent of the
<br />actual sum expended under this provision.
<br />6. All payments received by Beneficiary pursuant to the Guaranty or as to any other debt, liability or obligation owed to Beneficiary by
<br />Truster or by Borrower may be applied by Beneficiary to the payment of the indebtedness or any such other debt; liability or obligation
<br />in any order or manner of application which Beneficiary, in its absolute discretion, deems appropriate. Unless otherwise elected by
<br />Beneficiary, any such payments shall be deemed applied first to the payment of any debt, liability or obligation other than the
<br />indebtedness secured by this Deed of Trust.
<br />7, Truster will not commit any waste upon the Trust Property and will, at all times, maintain the same in good operating order and
<br />condition and will make from time to time all repairs, renewals, replacements, additions and improvements which are reasonably
<br />needful or desirable to such end. No building or improvement now or hereafter erected upon the Trust Property shall be altered,
<br />removed or demolished without the prior written consent of Beneficiary.
<br />9. If, during the existence of this Trust, there shall be threatened, commenced or pending any suit or action affecting any of the Trust
<br />Property, the title thereto or the priority of the lien of this Deed of Trust thereon, or if any adverse claim for or against the Trust Property,
<br />or any pan thereof be made or asserted, the Trustee, Beneficiary, or both, may appear or intervene in any such suit or action, retain
<br />counsel therein and defend the same, or otherwise take such action as they may deem advisable, and settle or compromise the same
<br />or the adverse claim; and, in that regard and for any of such purposes, may pay and expend such sums of money as Trustee or
<br />Beneficiary may deem advisable, which sums shall be deemed to have been advanced hereunder and secured by this Deed of Trust.
<br />9. Truster hereby convenants, warrants and agrees with Beneficiary, its successors and assigns, that Trustor owns the Trust Property free
<br />from any prior lien or encumbrance, that this Deed of Trust is and will remain a valid and enforceable first lien on the Trust Property, that
<br />Trustor will preserve such title and will forever warrant and defend the same to the Beneficiary and will forever warrant and defend the
<br />validity and priority of the lien hereof against the claim of all persons and parties whomsoever. Trustor will make such further assurance
<br />or assurances to perfect its title to the Trust Property as may be reasonably required by Beneficiary. Trustor hereby relinquishes alt right
<br />of dower and homestead in and to the Trust Property.
<br />10. Trustor will pay all taxes, assessments and other public charges upon the Trust Property before the same by law become delinquent
<br />and when any such taxes, assessments or public charges shall be levied upon the Guaranty secured by this Deed of Trust, or upon the
<br />Trustee or Beneficiary, or upon their successors or assigns, on account of said debt or the lien of this Deed of Trust (except income
<br />taxes) Trustor will pay such taxes, assessments or public charges prior to the time the same shall, by law, become delinquent.
<br />11. If Trustor is a corporation, it will do all things necessary to preserve its corporate existence, rights and privileges under the laws of the
<br />state of its incorporation.
<br />12. Trustor, at its expense, will exe;.ute and deliver to Trustee, promptly upon demand, such security instruments as may be required by
<br />Trustee, in form and substance satisfactory to Trustee, covering any of the Trust Property conveyed by this Deed of Trust, which
<br />security instruments shaft be additional security for Truster's faithful performance of all of the terms, covenants and conditions of this
<br />Deed of Trust, the Guaranty secured hereby, and any other security instruments executed in connection with this transaction. Such
<br />instruments shall be recorded or filed, and rerecorded and refiled, at Truster's expense.
<br />13. Within ten days after demand, Trustor shall furnish to Trustee a schedule certified to by Trustor, setting forth all leases of space in the
<br />Trust Property then in effect, r: tcluding, in each case, the name of the tenants and occupants, a description of the space occupied by
<br />such tenant and occupant, the rental payable for such space and such other information and documents with respect to such leases
<br />and tenancies as the Trustee may request.
<br />14. All payments made under the provisions of this Deed of Trust and of the Guaranty secured hereby which may be construed as interest
<br />shall not, in the aggregate over the term hereof, exceed the rate that may be lawfully contracted in writing in the State of Nebraska.
<br />15. Without the prior written consent of Trustee, Trustor shall not, directly or indirectly, with respect to any lease of space in the described
<br />premises, whether such lease is now or hereafter in existence: (a) accept or permit any prepayment, discount or advance rent payable
<br />thereunder, (b) cancel or terminate the same or accept the cancellation, termination or surrender thereof, or permit any event to occur
<br />which would entitle the lessee thereunder to terminate or cancel same; (c) amend or modify the same so as to reduce the term thereof,
<br />the rental payable thereunder, or to change any renewal provisions therein contained; (d) waive any default thereunder or breach
<br />thereof; (e) give any consent, waiver or approval thereunder or take any other action in connection therewith, or with a lessee
<br />thereunder, which would have the effect of impairing the value of lessor's interest thereunder, or the property subject thereto, or of
<br />impairing the position or interest of the Trustee or Beneficiary; or (f) sell, assign, pledge, mortgage or otherwise dispose of or encumber
<br />its interest in any such lease or any rents, issues or orofits issuing or arising thereunder.
<br />16. Trustor agrees that: (a) the duties and obligations of Trustee shall be determined solely by the express provisions of this Deed of Trust
<br />and the Trustee shall not be liable except for the performance of such duties and obligations as are specifically set forth herein, and no
<br />implied covenants or obligations shall be imposed upon Trustee; (b) no provision of this Deed of Trust shall require Trustee to expend
<br />or risk its own funds, or otherwise incur any financial obligation in the performance of any of its duties hereunder, or in the exercise of
<br />any of its rights or powers, if it shall have grounds for believing that the repayment of such funds or adequate indemnity against such
<br />risk or liability is not reasonably assured to it; (c) Trustee may consult with counsel of its own choosing and the advice of such counsel
<br />shall be full and complete authorization and protection in the respect of any action taken or suffered by it hereunder in good faith and in
<br />reliance thereon; (d) Trustee shall not be liable for any action taken by it in good faith and reasonably believed by it to be authorized or
<br />within the discretion or rights or powers conferred upon it by this Deed of Trust.
<br />17. If any one or more of the following events of default shall occur.
<br />(a) It Borrower shall fail to pay any installment of interest or principal under any of the loans, letters of credit, or other financial
<br />accommodations made by Beneficiary to Borrower; or
<br />(b) If Borrower shall fail to observe or perform any of the terms or provisions of any document securing such loans, letters of credit. or
<br />other financial accommodations made by Beneficiary to Borrower. or
<br />(c) if Trustor shall fail to pay when due any indebtedness secured hereby; or
<br />(d) If Trustor shall fail to observe or perform any of the covenants, conditions or agreements in this Deed of Trust, or
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