201203748
<br />sale or transfer, a written assumption agreement containing such terms as Beneficiary may
<br />require, a principal paydown on the Obligations (or any one or more thereof), an increase in the
<br />rate of interest payable upon the Obligations, a transfer fee, a modification of the term of the
<br />Obligations (or any one or more thereof), and any other modification of the Credit Documents
<br />which Beneficiary may require.
<br />(f) Transfer of Ownership of Grantor. Unless previously approved in writing by
<br />Beneficiary in its sole discretion, the sale, pledge, encumbrance, assignment or transfer,
<br />voluntarily or involuntarily, whether by operation of law or otherwise, of any interest in Grantor
<br />except in strict accordance with the terms and provisions of the Credit Documents.
<br />(g) Grant of Easement, Etc. Without the prior written consent of Beneficiary,
<br />Grantor grants any easement (other than easements which are for utilities serving only the
<br />Premises and which do not, singly or in the aggregate, diminish the value of the Premises) or
<br />dedication, files any plat, condominium declaration, or restriction, or otherwise encumbers the
<br />Mortgaged Property, or seeks or permits any zoning reclassification or variance,. unless such
<br />action is expressly permitted by the Credit Documents, is a Permitted Encumbrance or does not
<br />affect the Mortgaged Property.
<br />(h) Abandonment. The owner of the Mortgaged Property abandons any part of the
<br />Mortgaged Property.
<br />(i) Default Under Other Lien. A default or event of default occurs and has not been
<br />cured within the applicable grace period (if any) under any lien, security interest or assignment
<br />covering the Mortgaged Property or any part thereof (whether or not Beneficiary has consented,
<br />and without implying Beneficiary's consent, to any such lien, security interest or assignment not
<br />created hereunder), or the holder of any such lien, security interest or assignment declares a
<br />default or institutes foreclosure or other proceedings for the enforcement of its remedies
<br />thereunder.
<br />0) Eminent Domain. (i) Any governmental authority shall require, or commence
<br />any proceeding for, the demolition of any building or structure comprising a part of the Premises,
<br />or (ii) there is commenced any proceeding to condemn or otherwise take pursuant to the power
<br />of eminent domain, or a contract for sale or a conveyance in lieu of such a taking is executed
<br />which provides for the transfer of, a material portion of the Premises, including but not limited to
<br />the taking (or transfer in lieu thereof) of any portion which would result in the blockage or
<br />substantial impairment of access or utility service to the Improvements or which would cause the
<br />Premises to fail to comply with any Legal Requirement.
<br />(k) Destruction. The Mortgaged Property is so demolished, destroyed or damaged
<br />that, in the reasonable opinion of Beneficiary, it cannot be restored or rebuilt (1) with available
<br />funds, (2) to a profitable condition, (3) within a reasonable period of time and in any event prior
<br />to the final cure or grace periods specified in any of the Credit Documents, and (4) in accordance
<br />with Beneficiary's requirements for restoration.
<br />(1) Liquidation, Etc. The liquidation, termination, dissolution, merger, consolidation
<br />or failure to maintain good standing in the State of Nebraska (or in the State of its incorporation
<br />Bolton Farm - Loan 195618 Page 19 of 31
<br />IM MDA1 1095245 v
<br />0-0 05/03/2012
<br />
|