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20120763�
<br />(h) all warranries and representations given by Trustor, or any other party, are true, complete and
<br />correct as of the da.te hereof.
<br />That Trustor agrees that any materials or other items found in, on, under or around the Premises which qualify
<br />as hazardous substances, or any otherwise deemed unacceptable by the Trustee, in its sole discretion shall be
<br />immediately removed from the Premises, at Trustor's sole cost and expense, in compliance with all applicable
<br />Environmental Law. , .
<br />That Trustor shall, in addirion to those notifications required elsewhere in this Trust Deed, notify Trustee of:
<br />(a) the presence of any visible asbestos or asbestos-containing materials, PCB's (except as shown on
<br />the Environmental Certificate), radon gas beyond acceptable limits, or urea formaldehyde foam
<br />insulation at, in, on, under, onto or from the Premises, and
<br />(b) the receipt by Trustor of any notice or other communication from any governmental enrity or
<br />authority or from any tenants or other occupant or from any other person or source with respect to
<br />any alleged or actual release, contamination or other event involving a hazardous substance on, in,
<br />under, onto, or from the Premises, and
<br />(c) shall promptly send Trustee copies of all results of tests of underground storage tanks at the
<br />Premises.
<br />14. APPOINTMENT OF SUCCESSOR TRUSTEE. Beneficiary may, from time to time, by a
<br />written instrument executed and acknowledged by Beneficiary, mailed to Trustor and recorded in the county or
<br />counties in which the Property is located and by otherwise complying with the provisions of the applicable laws of
<br />the state of Nebraska, substitute a successor or successors to the Trustee named herein or acting hereunder.
<br />15. INSPECTIONS. Beneficiary, or its agents, representa.tives, or employees, aze authorized to enter
<br />at any reasonable time and in accordance with the terms of existing leases and the Nebraska Landlord Tenant Act
<br />upon or in any part of the Properiy for the purpose of inspecting the same and for the purpose of performing any of
<br />the acts it is authorized to perform under the terms of the Trust Deed.
<br />16. OPTION TO FORECLOSURE. Upon the occurrence of any breach and upon the declaration of
<br />default hereunder, Beneficiary `shall fiav� �nc� uption to foreclose this Trust Deed in the manner provided by law for
<br />the foreclosure of trust deeds on real property.
<br />17. FORBEARANCE BY BENEFIC�ARY OR TRUSTEE NOT A WAIVER Any forbearance
<br />by Beneficiary or Trustee in exercising any right or remedy hereunder, or otherwise afforded by applicable law,
<br />shall not be a waiver of or preclude the exercise of any such right or remedy. Likewise, the waiver by Beneficiary
<br />or Trustee of any default of Trustor under this Trust Deed shall not be deemed to be a waiver of any other or similaz
<br />defaults subsequently occurring.
<br />18. BENEFICIARY'S POWERS. Without affecting or releasing the liability of the Trustor or any
<br />other person liable for the payment of any obligation herein mentioned, and without affecting the lien or charge of
<br />this Trust Deed upon any portion of the Property. Beneficiary may, from time to time and without notice at the
<br />request of one or more Trustors, (i) release any person liable, (ii) eactend or renew the maturity or alter any of the
<br />terms of any such obligations, (iii) grant other indulgences, (iv) release or reconvey, or cause to be released or
<br />reconveyed, at any time at Beneficiary's option any pazcel or a11 of the Property, (v) take or release any other or
<br />additional security for any obligation herein mentioned, (vi) make settlements or other arrangements with Trustor in
<br />relation thereto. All Trustors shall be jointly and severally obligated and bound by the actions of the Beneficiary or
<br />any one or more Trustor as stated in this paragraph.
<br />19. ATTOItNEY F'EES, COSTS, AND EXPENSES. The Beneficiary of this Trust Deed is entitled
<br />to the payment of attomeys' fees, costs, and expenses as provided in this Trust Deed, except as otherwise prohibited
<br />by law.
<br />20. RECONVEYANCE BY TRUSTEE. Upon written request of Beneficiary and upon payment by
<br />Trustor of Trustee's fees, Trustee shall reconvey to Trustor, or the person or persons legally entitled thereto, without
<br />warranty, any portion of the Property then held hereunder. Recitals in such reconveyance of any matters or facts
<br />shall be conclusive proof of t�� u utr.�:L^ess thereof. The grantee in any reconveyance may be described as "the
<br />person or persons legally entitled thereto."
<br />21. NOTICES. Except for notices, demands, requests, or other communications required under
<br />applicable law to be given in another ma,nner, whenever Beneficiary, Trustor or Trustee gives or serves any notice
<br />(including, without limitation, notice of default and notice of sale), demands, requests, or other communication with
<br />respect to this Trust Deed, each such notice, demand, request, or other communication shall be in writing and shall
<br />be effective only if the same is delivered by personal service or is mailed by certified mail, postage prepaid,
<br />addressed to the address as set forth at the beginning of this Trust Deed. Any party may at any time change its
<br />address for such norices by delivering or mailing to the other party hereto, as aforesaid, a notice of such change.
<br />Any notice hereunder shall be deemed to have been given to Trustor or Beneficiary, when given in the manner
<br />designated herein.
<br />22. REQUEST FOR NOTICE. Trustor and Beneficiary hereby request a copy of any notice of
<br />default, and a copy of any notice of sale thereunder, be mailed to each person who is a party hereto at the address for
<br />such person set forth in the first paragraph of this Trust Deed.
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