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201100433 Section S. Deed of Trust, Rights of a Secured Creditor Under Uniform Commercial Code. To the extent any of the Property consists of property, rights or interests covered by the Nebraska Uniform Commercial Code, this Deed of Trust constitutes a present and unconditional assignment of, and security interest in, the Property in favor of the Issuer. During the continuance of any Event of Default under the Loan Documents, the Deed Trustee has all the rights and remedies available to a secured creditor under the Nebraska Uniform Commercial Code with regard to the Property. This Deed of Trust is self-operative with respect to certain portions of the Property, but the Grantor agrees to execute and deliver on demand any Deed of Trust, financing statement, continuation statement or other document necessary to impose or continue the lien and security interest hereof more specifically in or on any portion of the Property. in the event that the Grantor fails to execute any of the specified instruments within 10 days after demand to do so, the Grantor does hereby make, constitute and irrevocably appoint the Deed Trustee as its attorney-in-fact, and in its name, place and stead, so to do. Section 9. Applications of Proceeds of Sale. Money collected by the Deed Trustee or the Lender, as assignee of the Authority, pursuant to the sale or other disposition of the Property, shall be paid over to the Lender and applied as provided in Section 9.02 of the Loan Agreement. Section 10. No Remedy Exclusive. No remedy conferred upon or reserved to the issuer, the Deed Trustee, or the Lender under the Loan Documents or any other document or instrument evidencing, securing or otherwise relating to the debt hereby secured is intended to be exclusive of any other remedy or remedies, and each and every such remedy shall be cumulative and shall be in addition to every remedy given to the Issuer, the Deed Trustee or the Lender now or hereafter existing at law or in equity or by statute. No delay or omission of the Issuer, the Deed Trustee, or the Lender to exercise any right or power accruing upon any default under the Loan Documents or any other document or instrument evidencing, securing or otherwise relating to the debt hereby secured shall impair any such right or power, or shall be construed to be a waiver of any such default or any acquiescence therein; and every power and remedy given by the Loan Documents or any other document or instrument evidencing, securing or otherwise relating to the Bond or the Loan to the Issuer, the Deed Trustee, or the Lender may be exercised from time to time as often as may be deemed expedient by the Deed Trustee, as directed by the Lender. Nothing in the Loan Documents or any other document or instrument evidencing, securing or otherwise relating to the Bond or the Loan shall affect the obligation of the Grantor to pay the principal or Prepayment Amount of and interest on the Bond and any additional sums due under the Loan Agreement. Section 11. Covenants Run with the Land. All of the grants, covenants, terms, provisions and conditions herein shall run with the land and shall apply to, bind and inure to the benefit of the successors and assigns of the Grantor. Section 1.2. Warranty of Title. Tile Grantor warrants that it has good and marketable title to the Real Property in fee simple absolute subject only to Permitted Encumbrances; that it owns the Property free and clear of all liens and claims except the Permitted Encumbrances; and that this Deed of Trust constitutes a direct and valid first lien upon the Real Property subject only to Permitted Encumbrances and a security interest in the Personal Property subject only to Permitted Encumbrances, which security interest is perfected to the extent the same may be perfected by filing under the Nebraska Uniform Commercial Code. The Grantor shall preserve such title and shall forever warrant and defend the same against all claims other than those constituting Permitted Encumbrances. Section 13. Recognition of Third-Party Beneficiaries. The Grantor expressly recognizes that the Lender is a third party creditor-beneficiary of this Deed of Trust. -7-