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<br />5.10 Ground Leases. To pay when due a1i rents and other paymcn[s and perform ati covenants and
<br />agreements contained in any lease, sublease or ground lease whicft may corsututt a portion of or an interest in
<br />the Trust Estate: not to surrender, assigr, or sublease any such tease, sublease ar ground lease, nor take any othtr
<br />action which would effect or ptrmit the [trmination of any such leas, sublease or ground (ease. Trustor
<br />covenants to furnish to Beneficiary within thirty t30) days after the date upon which such rents or other payments
<br />arc due and payable 6y Trustor, receipts or other evidence satisfactory to Beneficiary evidencing tht payma.t
<br />thereof.
<br />i.i 1 Actions AffeetinpLTrust Estatc. To appear in and contest any action or procteding purporting to af-
<br />fect the security hereof or the rights or powers rrE Beneficiary or Trusice; and to pay all costs and exptnsea, in-
<br />cluding cost of evidtnce of title and attorney's fees, in any such action or proceeding in which Beneficiary or
<br />Trustee may appear.
<br />I.12 Actions 6y Trustee andlor Beneficiary to Preserve Trust Estate. That should Trus[or fail to make any
<br />paymtnt or to do any act as and in the manner provided in any of the Loan Instruments, Beneficiary and/or
<br />Trustte, each in its own discretion, without obligation so to do and without notice to or demand upon Trustor
<br />and without releasing Trustor from any obligation, may make or do the same in such manner and to such extent
<br />•as either may detm necessary to protect the security hereof. [n connecron [herewith (without limiting their
<br />general powers), Beneficiary andlor Trustee shall have and art hereby given the right, but not the obligation, (i)
<br />to enter upon and take possession of the Trust Estate. (ii) to make additions, alterations, repairs and im-
<br />provements to the Trust Estate which they or either of them may consider becessary br peeper to keep the Trust
<br />Estate in good condition and repair: (iii) to appear and participate in any acron or proceeding affecting or which
<br />may affecx tht security hereof ar the rights or powers of Benetciary or Trustee: (iv} ro pay, purchase, contest or
<br />compromise any encumbrance, claim, charge, lien or debt which in the judgment of either may affect or appears
<br />to afftct the security of his Deed of Trust or be prior or supecior hereto; and fv} in exercising such powers, ro pay
<br />necessary expenses. including employment of counsel or other necessary or desirable mnsuitants. Trustor shall,
<br />immediately upon demand therefor by Beneficiary, pay all costs and expenses [ncurred by Bentficiary m aro-
<br />nection with the exercise by Beneficiary of the foregoing rights, including without limi[ation ;:osts of evidence of
<br />tiac, .Dori cusis, appraisals, surveys and attorney's fees.
<br />L13 Survival of Warranties. To fully and faithfully satisfy and perform the obligations of Trustor con-
<br />tained in any .the Trustor's loan application and Beneficiary's loan commitment, and
<br />any such ^ppfatu.•n and c+nt[mitment hetwcen Trusi++r and amassignee i.i BcnrCiciarv, and each agreement of
<br />Trusnrr incurporuted h~, reference thrum ,~r herein, and am nuulific..;i,m ~+r amrndnu•ni there~it. and :dl, repr_-
<br />sentati.+n,. warranue. a„ ~.erant\ +~f ')'rustor c mtaincd therein ~x me++rp~~rniui b\ relerettcc. shall tar\l4'C the
<br />ciox of escro:. and fund~[ng of the Loan evidenced by ute Note and shall remain continuing obligations, warran-
<br />ties and ttpresenrati~~ns of Trustor during any time when any pt*rtien u!' thz obligations secured by this Detd of
<br />Trust remain ou:stand;^g-
<br />Ll3 Eminent Domain. That should the Trust Estate, or any par[ thzceoF er interest therein, fie taken or
<br />damaged by reason of any public impmatment ::r .~ndemnaticn pr^eecding, nr in any other manner t"Ccn-
<br />demnatian"}, of should Truster receive anp notice or other inf=~rmatuzn regarding such t+a+ettding, Trus[or shat{
<br />give prompt written notice :hereof to Beneficiary.
<br />(a) Beneficiary shad fie entitled to ail compensation, awards anC ~.;ther payments or relief ~he:efar, and
<br />shalt be entitled at its option to commence, appear in and proszcutt to its ~twn name any a~eton or proceedings.
<br />Beneficiary shall also be entitled to make any compromise or seulement in connection with such taking or
<br />damage. All such compensation, awards, damages, nghu of action and proceeds awarded to Trustor (the
<br />"Proeetds") are hereby assigned [o Beneficiary and Trustor agrees tz~ exzeure such funhzr assignments cf the
<br />Proceeds as Benefctary or Trustee may require
<br />(bi In the tvent any portion of cite Trust Esa.tt is so taken or damaged. Beneficiary shall have the option,
<br />in its sole and absolute discretion, to apply all such Proceeds, after deducting therefrom al! cusis and rxpcn,ra
<br />(regardless of tht paritcuiar nature thereof and whether incurred wnh or wnhout caul. including attorneys' Errs,
<br />incurred by it in coanceuon with such Proceeds, upon any ind*btedness securtd nzroby and m such order as
<br />Beneficiary may determtnt, or u\ apply all such Proeteds, after such deductions, to the resturanon of the Trust
<br />Estate upon such conditions as Beneficiary may determine Such apphcanon or releax shall n~+t cure or waive
<br />any default tit notitt of default hereunder or invalidate say act dune pursuant to such notice
<br />t.15 Atfdil:ena! Sccuntc That in the event Beneficiary at any time ttalds adifiti~inal secur:t. tar any o€ the
<br />obligations secured herehy,~it may enforor the salt thereof or utherwix realize upon [he same- at its option.
<br />either before or concurrently herewith ~!r after a salt is made hereunder
<br />l.lb A in[rnent oC Suecevst:r trustee. That Beneficiary may. Crum tinu to Gtnc, by .t isri[tto insn't,ment
<br />_,p~_~..._ -_
<br />executed and acknewicdgcd by- Iktiefr~.- -ire- ,ti.n.srd ter ~!°ru:[~ r ;.till . r.isa +~~ tht t. ~,. ~„ ! h :h~ :rust °~~.tat~
<br />is located and by otherwise cumpiyii~, with the prcnision+ of the applicabfc law ,rt :h4• ~tstc ~.-~ Nebr~aka suh-
<br />stitute a successor or successors to the Trustee named herein or nvtint+ hercundcr.
<br />i.17 Succeswrs and Assigns. That this Deed of Trust applies to, inures to [he bcnet`it of and binds all par-
<br />tite hereto, their hors, legatees, devisees, admtnstrstors, executors, successors and assigns. The term
<br />"Senefieiary" shalt mean the owner and holder of the Note, whether or not named as Beneficiary herein.
<br />l.ig Inspections. That Beneficiary, tar its agents. representatives or workmen, are authorized to enter at
<br />any ressonabtt [tine upon or in any part of the Truu Estate for the purpose of inspecting the same and cur the
<br />purpose otperfotmi,tg any of the acts it is authorized to perfnrm under the [cents of ant ~.>f the L:+an Instruments
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