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<br />E. Except as previously disclosed and acknowledged in writing to Lender, Grantor and every
<br />tenant have been, are and will remain in full compliance with any applicable Environmental
<br />Law.
<br />F. Except as previously disclosed and acknowledged in writing to Lender, there are no
<br />underground storage tanks, private dumps or open wells located on or under the Property
<br />and no such tank, dump or well will be added unless Lender first consents in writing.
<br />G. Grantor will regularly inspect the Property, monitor the activities and operations on the
<br />Property, and confirm that all permits, licenses or approvals required by any applicable
<br />Environmental Law are obtained and complied with.
<br />H. Grantor will permit, or cause any tenant to permit, Lender or Lender's agent to enter and
<br />inspect the Property and review all records at any reasonable time to determine (1) the
<br />existence, location and nature of any Hazardous Substance on, under or about the Property;
<br />(2) the existence, location, nature, and magnitude of any Hazardous Substance that has
<br />been released on, under or about the Property; or (3) whether or not Grantor and any tenant
<br />are in compliance with applicable Environmental Law.
<br />I. Upon Lender's request and at any time, Grantor agrees, at Grantor's expense, to engage a
<br />qualified environmental engineer to prepare an environmental audit of the Property and to
<br />submit the results of such audit to Lender. The choice of the environmental engineer who
<br />will perform such audit is subject to Lender's approval.
<br />J. Lender has the right, but not the obligation, to perform any of Grantor's obligations under
<br />this section at Grantor's expense.
<br />K. As a consequence of any breach of any representation, warranty or promise made in this
<br />section, (1) Grantor will indemnify and hold Lender and Lender's successors or assigns
<br />harmless from and against all losses, claims, demands, liabilities, damages, cleanup,
<br />response and remediation costs, penalties and expenses, including without limitation all
<br />costs of litigation and attorneys' fees, which Lender and Lender's successors or assigns may
<br />sustain; and (2) at Lender's discretion, Lender may release this Security Instrument and in
<br />return Grantor will provide Lender with collateral of at least equal value to the Property
<br />without prejudice to any of Lender's rights under this Security Instrument.
<br />L. Notwithstanding any of the language contained in this Security Instrument to the
<br />contrary, the terms of this section will survive any foreclosure or satisfaction of this Security
<br />Instrument regardless of any passage of title to Lender or any disposition by Lender of any or
<br />all of the Property. Any claims and defenses to the contrary are hereby waived.
<br />17. CONDEMNATION. Grantor will give Lender prompt notice of any pending or threatened
<br />action by private or public entities to purchase or take any or all of the Property through
<br />condemnation, eminent domain, or any other means. Grantor authorizes Lender to intervene in
<br />Grantor's name in any of the above described actions or claims. Grantor assigns to Lender the
<br />proceeds of any award or claim for damages connected with a condemnation or other taking of
<br />all or any part of the Property. Such proceeds will be considered payments and will be applied
<br />as provided in this Security Instrument. This assignment of proceeds is subject to the terms of
<br />any prior mortgage, deed of trust, security agreement or other lien document.
<br />18. ESCROW FOR TAXES AND INSURANCE. Grantor will not be required to pay to Lender
<br />funds for taxes and insurance in escrow.
<br />19. SUCCESSOR TRUSTEE. Lender, at Lender's option, may from time to time remove Trustee
<br />and appoint a successor without any other formality than the designation in writing. The
<br />successor trustee, without conveyance of the Property, will succeed to all the title, power and
<br />duties conferred upon Trustee by this Security Instrument and applicable law, including, without
<br />limitation, the right to appoint a successor or substitute trustee at any time and from time to
<br />time.
<br />20. APPLICABLE LAW. This Security Instrument is governed by the laws of Nebraska, the
<br />United States of America, and to the extent required, by the laws of the jurisdiction where the
<br />Property is located, except to the extent such state laws are preempted by federal law.
<br />21. JOINT AND INDIVIDUAL LIABILITY AND SUCCESSORS. Each Grantor's obligations under
<br />this Security Instrument are independent of the obligations of any other Grantor. Lender may
<br />sue each Grantor individually or together with any other Grantor. Lender may release any part
<br />of the Property and Grantor will still be obligated under this Security Instrument for the
<br />remaining Property. Grantor agrees that Lender and any party to this Security Instrument may
<br />extend, modify or make any change in the terms of this Security Instrument or any evidence of
<br />debt without Grantor's consent. Such a change will not release Grantor from the terms of this
<br />Security Instrument. The duties and benefits of this Security Instrument will bind and benefit
<br />the successors and assigns of Lender and Grantor.
<br />22. AMENDMENT, INTEGRATION AND SEVERABILITY. This Security Instrument may not be
<br />amended or modified by oral agreement. No amendment or modification of this Security
<br />JERID STARKEL � ��
<br />Nebraska Deed Of Trust Initials
<br />NE/4XXLBENES0 00000000006 2 5 04603 22 1 2N Wolters Kluwer Financial Services �1996, 2012 Bankers Page 6
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