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MORTGAGE �01203579
<br />(Continued) Page 2
<br />replacements, and maintenance necessary to preserve its value.
<br />Compllance With Envlronmental Lews. Grantor represents and warrants to Lender that: (1) During the period of
<br />Grantor's ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal,
<br />release orthreatened retease of any Hazardous Substance by any person on, under, about orfrom the Property;
<br />(2) Grantor has no knowledge of, or reason to believe that there has been, except as previously disclosed to end
<br />acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any use,
<br />generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazerdous Substance
<br />on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or
<br />threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously
<br />disclosed to and acknowledged by Lender in writing, (a) neither Grantor nor any tenant, contractor, agent or other
<br />authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any Hazardous
<br />Substance on, under, about or from the Property; and (b) any such activity shall be conducted in compliance with
<br />all applicable federal, state, and local laws, regulations and ordinances, including without limitation all
<br />Environmental Laws. Grantor authorizes Lender and its agents to enter upon the Property to make such
<br />inspections and tests, at Grantor's expense, as Lender may deem appropriate to determine compliance of the
<br />Property with this section of the Mortgage. Any inspections or tests made by Lender shall be for Lender's
<br />purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Grantor or
<br />to any other person. The representations and warranties contained herein are based on Grantor's due diligence in
<br />investigating the Property for Hazardous Substances. Grantor hereby (7) releases and waives any future claims
<br />against Lender for indemnity or contribution in the event Grantor becomes liable for cleanup or other costs under
<br />any such laws; and (2) agrees to indemnify, defend, and hold harmless Lender against any and ell claims, losses,
<br />liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from
<br />a breach of this section of the Mortgage or as a consequence of any use, generation, manufacture, storage,
<br />disposal, release or threatened release occurring prior to Grantor's ownership or interest in the Property, whether
<br />or not the same was or should have been known to Grantor. The provisions of this section of the Mortgage,
<br />including the obligation to indemnify and defend, shall survive the payment of the Indebtedness and the satisfaction
<br />and reconveyance of the lien of this Mortgege and shall not be affected by Lender's acquisition of any interest in
<br />the Property, whether by foreclosure or otherwise.
<br />Nuisance, Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any
<br />stripping of or waste on or to the Property or any portion of the Properry. Without limiting the generality of the
<br />foregoing, Grantor will not remove, or grant to any other party the right to remove, any timber, minerals (including
<br />oil and gas►, coal, clay, scoria, soil, gravel or rock products without Lender's prior written consent.
<br />Removal of Improvemer�ts. Grantor shall not demolish or remove any Improvements from the Real Property
<br />without Lender's prior written consent. As a condition to the removal of any Improvements, Lender may require
<br />Grantor to make arrengements satiafactory to Lender to replace such Improvements with Improvements of at least
<br />equal value.
<br />L�nder's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all
<br />reasonable times to attend to Lender's interests and to inspect the Real Property for purposes of Grantor's
<br />compliance with the terms and conditions of this Mortgage.
<br />Compllance with Govemmental Requir�ments. Grantor shall promptly comply with all laws, ordinances, and
<br />regulations, now or hereafter in effect, of all governmental authorities applicable to the use or occupancy of the
<br />Property. Grantor may contest in good faith any such law, ordinance, or regulation and withhold compliance
<br />during any proceeding, including appropriate appeals, so long as Grantor has notified Lender in writing prior to
<br />doing so and so long as, in Lender's sole opinion, Lender's interests in the Property are not jeopardized. Lender
<br />may require Grantor to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect
<br />Lender's interest.
<br />Duty to Protect. Grantor agrees neither to abandon or leave unattended the Property. Grantor shall do all other
<br />acts, in addition to those acts set forth above in this section, which from the character end use of the Property are
<br />reasonably necessery to protect and preserve the Property.
<br />DUE ON SALE - CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and payable all sums
<br />secured by this Mortgage upon the sale or transfer, without Lender's prior written consent, of all or any part of the Real
<br />Property, or any interest in the Real Property. A"sale or transfer° means the conveyance of Real Property or any right,
<br />title or interest in the Real Property; whether legal, beneficial or equitable; whether voluntary or involuntary; whether by
<br />outright sale, deed, installment sale contract, land contract, contract for deed, leasehold interest with a term greater
<br />than three (3) years, lease-option contract, or by sale, assignment, or transfer of any beneficial interest in or to eny land
<br />trust holding title to the Real Property, or by any other method of conveyance of an interest in the Real Property.
<br />However, this option shall not be exercised by Lender if such exercise is prohibited by federal law or by Nebraska law.
<br />TAXES AND UENS. The following provisions relating to the taxes and liens on the Property are pert of this Mortgage:
<br />Payment. Grantor shall pay when due (and in all events prior to delinquency) all taxes, payroll taxes, special texes,
<br />assessments, water charges and sewer service charges levied against or on account of the Property, and shall pay
<br />when due all claims for work done on or for services rendered or material furnished to the Property. Grantor shall
<br />maintain the Property free of any liens having priority over or equal to the interest of Lender under this Mortgage,
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